Posts Tagged ‘Resident Rights’

Faribault Senior Living Faribault – MDH Substantiated Neglect

Written By: Kenneth LaBore | Published On: 14th January 2019 | Category: Hoyer Lift, Patient Rights | RSS Feed

In a report from the Minnesota Department of Health a client from Faribault Senior Living (client #1) was neglected when facility staff failed to provide adequate supervision that resulted in another client (client #2) pushing client #1 resulting in a hip fracture.

Based on a preponderance of evidence, neglect is substantiated. The home care provider was aware of client #2’s increase in aggressive behaviors and inappropriately entering the rooms of other clients, but did not implement new or effective interventions to keep other clients safe. The home care provider failed to reassess client #2’s susceptibility to abuse another client and not implement interventions to prevent further occurrences. In addition, the home care provider failed to reassess client #1’s susceptibility to abuse by another individual, including vulnerable adults, and did not identify specific measures to minimize the risk of abuse to that person.

Patient and Resident Rights Elder Care Facilities, Faribault Senior Living Faribault

Faribault Senior Living Faribault Complaint Findings for Patient Rights

In a report concluded on May 14, 2013, the Minnesota Department of Health cites Faribault Senior Living Faribault for patient rights.

It is alleged that the agency did not follow state statutes/rules when staff routinely until utilized an EZ stand lift to transfer a client although she was unable to follow instructions and keep her legs straight.

Substantiated Complaint Faribault Senior Living Faribault Minnesota – Use of EZ Stand Lift

A violation is substantiated related to the licensee to ensure staff were competent to use the EZ stand patient lift.

During a time prior to the onsite investigation, staff transferred a client with the use of EZ stand. During this transfer, the client became unresponsive. Staff members hit the emergency stop button more than once and the life just stopped. Staff did not know of any emergency lowering procedures for the EZ stand. Staff could not recall how the client was assisted out of the EZ stand. A family member witness interview indicated the client was lifted up out of the support straps by this family member and staff person. Staff also indicated that, prior to the client suddenly becoming unresponsive; the client did not have any problems with bearing weight or holding the handles of the EZ stand. After a short while, the client was assisted to a seated position. The client was seen in the emergency department and diagnosed with a vasocagal response (a fainting or near fainting episode), with no identified specific cause for vasovagal response. The client returned back to the facility that same day.

For more information from the Minnesota Department of Health, Office of Health Facility Complaints concerning nursing homes, assisted living and other elder care providers view resolved complaints at the MDH website.

If you have concerns about improper use of medical equipment, patient rights or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com

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Nursing Home Abuse and Neglect Lawyer Kenneth LaBore Offers Free Consultations and Serves Clients Throughout the State of Minnesota Call Toll Free at 1-888-452-6589

Client of Atwood ICF Suffered Emotional Abuse from Staff

Written By: Kenneth LaBore | Published On: 22nd November 2017 | Category: Nursing Home Abuse and Neglect | RSS Feed

Emotional Abuse of Client at Atwood ICF in Atwater Minnesota

Verbal Abuse to Client of Atwater ICF in Atwater Minnesota

In a report from the Minnesota Department of Health alleged that a client at Atwood ICF was emotionally abused when the alleged perpetrator AP#1 inappropriately instructed the client to urinate on the floor. In addition, it is alleged that the client’s privacy was violated when AP #2 made inappropriate video of AP #1’s interactions with the client.

For a Free Consultation with an Experienced Elder Neglect Attorney call Kenneth LaBore Toll Free at 1-888-452-6589.

Atwood ICF Cited for Abuse of Client

Based on a preponderance of evidence, abuse occurred when AP #1 used derogatory and demeaning language directed at the client while assisting the client during toileting and when the AP #1 kicked the client’s foot. A violation of the client’s privacy rights is not substantiated.

Report Suspected Elder Abuse

Click Here For Link To Report Abuse To Adult Protection

If you suspect elder or vulnerable adult neglect or abuse contact the Minnesota Adult Abuse Reporting Center answered 24 hours a day, 7 days a week at 1-844-880-1574.

If you have concerns about care provided to a resident in a nursing home, assisted living or any other type of elder care provider contact Attorney Kenneth LaBore for a Free Consultation to discuss your legal rights and options.

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Edgewood Hermantown Senior Living Neglect, Wandering Resident, Abuse and Theft

Written By: Kenneth LaBore | Published On: 5th May 2016 | Category: Financial Exploitation, Patient Rights, Verbal Abuse | RSS Feed

In a recent MDH report with a substantiated finding of neglect against Edgewood Hermantown Senior Living after resident wanders without supervision.

Recent MDH Substantiated Neglect Finding at Edgewood Hermantown Senior Living for neglect of supervision.

Edgewood Hermantown Senior Living Allegation of Violations of Resident Rights

Edgewood Hermantown Senior Living Physical and Verbal Abuse of Client

In a report dated January 20, 2017 the Minnesota Department of Health alleged that a client at Edgewood Hermantown Senior Living was abused when staff forced the client into his/her wheelchair causing a toe injury and forcefully pulled the resident up with a transfer belt. Also, it is alleged the client’s rights were violated when staff made the client go to the dining area when s/he did not want to go.

Edgewood Hermantown Senior Living Substantiated Abuse Allegations

Based on a preponderance of the evidence, abuse occurred when the alleged perpetrator (AP) transferred the client with a gait belt against his/her will and in a manner that resulted in physical pain to the client’s stomach and toe, and which produced emotional distress to the client. In addition, the client suffered emotional distress when the AP forced the client to go to the dining room against his/her will. The AP also used repeated malicious oral language towards the client and treated the client in a manner which was disparaging, derogatory, humiliating, and harassing.

The client received services from the home care provider for activities of daily living, behavioral management as needed, and wheelchair escorts according to the client’s service agreement and care plans. The client self-transferred to his/her wheelchair without staff assistance. The client’s behavioral plan of care indicated staff members were to notify the nurse of refusal of care or services, as the client how s/he would like the task performed, re-approach if the client refused care or services, and remind the client they were the aide for the shift. The client was alert and oriented to person, place, and time, and his/her cognition was determined to be normal according to a nurse’s assessment.

Document review, a review of an audio recording of the incident, and interviews with the client, staff, family, and the AP were conducted. The client was sitting on his/her couch when the AP came into client’s room to escort the client to supper. The client was placing a call to a family member at the time and the family member’s answering machine answered the call. The client was holding the cell phone when AP came into the room and did not disconnect the call. The incident was consequently recorded on the answering machine. The client told the AP s/he was not feeling well and did not want to go to the dining room. The AP responded by stating that the client was lying, and told the client s/he was going to the dining room. The AP put a gait belt around the client’s chest, although a gait belt was not ordinarily used for this client because the client self-transferred. The belt was so tight it was hard for the client to breath. The AP used one hand on the gait belt and pulled the client off the couch so forcefully that the client hit his/her toe on the nearby wheelchair. The client stated s/he was “yanked” off the couch, and clarified that s/he meant the AP pulled with an abrupt, “jerking” motion and not a steady pull. The client stated the pain was so intense, the client thought s/he passed out from the pain. The client said s/he was very distressed during the incident and said when s/he came to, s/he was sitting in the wheelchair being escorted to the dining room against his/her will. The client said a toe was bruised and sore after the incident, still bothers him/her, and requires ongoing treatment by a doctor. The client has ongoing fear and anxiety as a result of the incident. See the rest of the report here.

Edgewood Hermantown Senior Living – Report Suspected Abuse and Neglect

Click Here For Link To Report Abuse To Adult Protection

If you have concerns about medication errors, improper use of medical equipment, falls or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Theft of Cash from Resident at Edgewood Hermantown Senior Living

Money Taken From Client at Edgewood Hermantown Senior Living

In a report from the Minnesota Department of Health dated April 26, 2016, it was alleged that a client at Edgewood Hermantown was financially exploited when the alleged perpetrator4 (AP) took the client’s money for his/her personal use.

The MDH Cites Edgewood Hermantown Senior Living For Theft

Based on a preponderance of the evidence, financial exploitation did occur when the alleged perpetrator (AP) took $100 from the client without the client’s permission.

The client received services from the comprehensive home care provider for housekeeping and laundry.

Interview with the client revealed the client was in the dining room with his/her spouse when s/he saw the AP walk past him/her, walk down the hallway, and enter his/her room. The client walked towards his/her room and saw the AP exit his/her room. The client checked his/her dresser drawer and noticed s/he was missing $100 in $20 bills. The client said it was there the night before and no one else had entered his/her room nor did the client’s spouse take the money. The client escorted the AP to the front desk and reported to the facility staff and police interviewed the AP and the AP admitted to taking $100 in $20 bills from the client.

Interview with the facility staff revealed the client and s/he was in the dining room with his/her spouse when s/he saw the AP walk down the hallway, enter, and then exit his/her room. Staff said the client escorted the AP to the front desk and reported s/he saw the AP enter his/her apartment without authorization and now was missing $100. Facility staff interviewed the AP and the AP admitted to taking $100 in $20 bills from the client. Facility staff the police to report the theft.

A police report indicated the police interviewed the client and the AP. During the interview the AP admitted to taking $100 in $20 bills from the client. The police forwarded their findings to the county attorney’s office for formal charging.

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Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

New Journey Residence Complaint for Neglect

Written By: Kenneth LaBore | Published On: 1st May 2016 | Category: Housing With Services Care Issues, Medication Administration Mistakes, Medication Drug Error, Patient Rights | RSS Feed

New Journey Residence Substantiated Complaint Neglect of Health Care

New Journey Residence In Eveleth Investigated For Neglect

It was alleged in a report dated December 24, 2015, that clients at New Journey Residence that clients are being neglected because the facility does not have adequate staffing to provide supervision, personal cares, and medical administration to the clients.

New Journey Residence Substantiated Complaint For Neglect

Based on a preponderance of the evidence, the allegation of neglect of health care is substantiated. Neglect did occur when two clients were observed during onsite investigation to required immediate assistance and the licensee did not have sufficient trained staff to provide care. One client required emergency care at the hospital and the second required immediate transfer to another housing with services facility.

Observations made during the onsite investigation revealed the Housing with Services Establishment has 8 memory care units and 44 additional care units. Four clients resided on the memory care unity 26 clients resided on another unit. The licensee had 1 unlicensed professional working in the locked memory care unit and 1 unlicensed professional working in the non-memory care unit. Client 1 and Client 2 both resided in the non-membory care unit. In addition, the licensee had 2 kitchen staff members working and providing direct care to clients.

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Prairie River Home Care Buffalo Neglect Substantiated

Written By: Kenneth LaBore | Published On: 3rd February 2016 | Category: Financial Exploitation, Oxygen Deprivation | RSS Feed

Recent MDH Findings of Neglect against Prairie River Home Care in Buffalo after exploitation by staff, decubitus ulcer.

Recent Finding of Substantiated Neglect from Prairie River Home Care

Prairie River Home Care Cited by MDH After Theft of Clients’ Personal Items and Funds

Prairie River Home Care Buffalo Cited By MDH After Theft of Client’s Funds

In a report concluded on December 4, 2015, the Minnesota Department of Prairie River Home Care Buffalo it is alleged that client #1 was financially exploited when the alleged perpetrator (AP) took the patient’s Rolex watch and $600.00 for the AP’s personal use.

Prairie River Home Care Buffalo MDH Findings

Based on preponderance of evidence, financial exploitation occurred when the Alleged Perpetrator (AP) stole from clients. Although the AP denied taking #1’s watch and money, the AP state he/she took #2’s watch and ring and pawned the items, and used the items for AP’s personal use.

If you have concerns about financial exploitation or any other form of elder abuse or neglect contact Minnesota Elder Abuse Attorney Kenneth LaBore toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Prairie River Home Care Buffalo Based On Allegation of Financial Exploitation

In a report concluded on November 17, 2015, the Minnesota Department of Health cites Prairie River Home Care alleges that a patient was financially exploited when the alleged perpetrator (AP) took the client’s money for his/her own use.

Prairie River Home Care Buffalo MDH Findings – Financial Exploitation

Based on the preponderance of evidence financial exploitation occurred when the alleged perpetrator (AP) took $160.00 of the client’s money without the client’s knowledge.

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Oxygen Deprivation

Prairie River Home Care Buffalo Complaint Findings for Neglect – Oxygen

In a report concluded on March 18, 2014, the Minnesota Department of Health cites Prairie River Home Care Buffalo for neglect of health care.

It is alleged that neglect occurred when a client was not provided with care in accordance with his/her respite service plan and s/he was without oxygen for more than nine hours. As a result the client’s oxygen level was low and s/he was confused and agitated.

Prairie River Home Care Buffalo Complaint Findings for Exploitation

In a report concluded on August 6, 2013, the Minnesota Department of Health cites Prairie River Home Care Buffalo for exploitation by staff.

It is alleged that financial exploitation occurred when a staff person, alleged perpetrator (AP) took and used an ATM card to make numerous withdrawals totaling $1200.00 without the patient’s permission.

Prairie River Home Care Buffalo Complaint Findings for Nursing Care

In a report concluded on March 7, 2011, the Minnesota Department of Health cites Prairie River Home Care Buffalo for nursing care.

It is alleged that a client’s right to receive care in accordance with acceptable nursing standards was violated based on the following: Client #1 was found at 5:00 p.m/ on November 28, 2010 to still be in her pajamas and wearing a Breathe Right strip on her nose from the night before.

If you have concerns about neglect of health care or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Truman Senior Living Truman Complaint Substantiated

Written By: Kenneth LaBore | Published On: 15th April 2015 | Category: Patient Rights | RSS Feed

Recent MDH Findings of Neglect against Truman Senior Living.

Violation of Bed Hold Policy at Truman Senior Living Minnesota

Truman Senior Living Truman Complaint Findings for Violation of Bed Hold Policy

In a report concluded on September 26, 2012, the Minnesota Department of Health cites Truman Senior Living Truman for violation of the bed hold policy.

The resident did not receive written notice of the facilities bed-hold policy which specifies the time the facility would the bed for the resident. The facility however did communicate the bed-hold verbally with the hospital and family.

Truman Senior Living Cited After Violation of Bed Hold Regulations.

According to OLR Research Report, Minnesota, not only limits when homes can charge self-pay residents for bed holds, based on occupancy rates, but also limits what they can charge. These residents can be asked to pay no more than 79% of the Medicaid rate (the self-pay and Medicaid rates are the same in the state) and only when the occupancy rate is 94% or higher. The Medicaid program will likewise pay this amount when a Medicaid resident is hospitalized. Based on our discussions with the nursing home trade associations and a few other states, it appears that the rest of the states let the market dictate what homes can charge self-pay residents.

If you have concerns about patient rights or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Tranquil Living Mound Complaint Resident Rights

Written By: Kenneth LaBore | Published On: 14th April 2015 | Category: Medication Administration Mistakes, Medication Drug Error, Patient Rights | RSS Feed

Medication Patient Rights at Tranquil Living Mound Minnesota

Tranquil Living Mound Complaint Findings for Patient Rights

In a report concluded on May 7, 2012, the Minnesota Department of Health cites Tranquil Living Mound for violation of patient rights.

It was substantiated that medications were not being administered as ordered. Documentation, interviews and observations during a medication pass, revealed that two of the three clients who resided at the facility did not receive medications as ordered by the physician.

Substantiated Complaint for Medical Errors Tranquil Living Mound

According to the Food and Drug Administration,A medication error is any preventable event that may cause or lead to inappropriate medication use or harm to a patient. Since 2000, the Food and Drug Administration (FDA) has received more than 95,000 reports of medication errors. FDA reviews reports that come to MedWatch, the agency’s adverse event reporting program.

“These reports are voluntary, so the number of actual medication errors is believed to be higher,” says Carol Holquist, R.Ph., Director of the Division of Medication Error Prevention and Analysis in FDA’s Center for Drug Evaluation and Research.

FDA works with many partners to track medication errors, including the U.S. Pharmacopeia (USP) and the Institute for Safe Medication Practices (ISMP). “Every report received through the USP/ISMP Voluntary Medication Error Reporting Program (MERP) automatically gets sent to FDA’s MedWatch program,” says Mike Cohen, R.Ph., Sc.D., President of ISMP. “It takes a cooperative approach to monitor errors, evaluate them, and educate the public about strategies to keep errors from happening again.”

Medication errors occur for a variety of reasons. For example, miscommunication of drug orders can involve poor handwriting, confusion between drugs with similar names, poor packaging design, and confusion of metric or other dosing units.

“Medication errors usually occur because of multiple, complex factors,” says Holquist. “All parts of the health care system—including health professionals and patients—have a role to play in preventing medication errors.”

If you have concerns about medication errors, falls, patient rights or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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The Wellstead Rogers Neglect Substantiated

Written By: Kenneth LaBore | Published On: 13th April 2015 | Category: Failure to Resond to Change in Condition, Medication Drug Error, Patient Lift | RSS Feed

Recent MDH Substantiated Finding of Neglect at The Wellstead of Rogers after emotional abuse by staff.

Medication Errors, Patient Rights, Neglect of Medication Administration – Wellstead Rogers

The Wellstead Rogers Complaint Neglect Medication Administration

In a reported dated December 23, 2015, there was an allegation that the client was neglected when staff failed to administer medication as ordered by the physician for several weeks and failed to adequately assess the client for a change in the condition. The client was hospitalized with dehydration, sepsis and was unresponsive. The facility was notified of the concerns about a urinary tract infection several days earlier and did not take action.

Based on a preponderance of evidence neglect is substantiated. Neglect occurred when the staff failed to administer a prescribed medication over a ten day period. The medication was prescribed for the prevention of urinary tract infections. Staff failed to communicate with the physician or nurse practitioner that the medication was unavailable. Staff failed to respond to symptoms the client exhibited five days after missing the medication.

The client had diagnoses that included dementia, neurogenic bladder with urinary retention and history of urinary tract infections. The client’s service plan revealed services for medication management daily included medication administration, monitoring and coordination of ordering refills, handling prescription changes and communication with the pharmacy and prescriber. The client had physician orders for Nitrofurantoin 50 milligrams (mg) capsule at bedtime for the prevention of urinary tract infections.

The Wellstead Rogers Complaint Findings for Neglect – Health Care

In a report concluded on September 20, 2013, the Minnesota Department of Health cites The Wellstead Rogers for neglect of health care.

It is alleged that neglect of health care occurred when a client was left outside in the heat and sun for an unknown period of time causing heat stroke. The client was brought to the hospital for evaluation and treatment.

The Wellstead Rogers Complaint Findings for Neglect – Health Care

In a report concluded on September 20, 2013, the Minnesota Department of Health cites The Wellstead Rogers for neglect of health care.

It is alleged that neglect of health care occurred when a client was left outside in the heat and sun for unknown period of time causing heat stroke. The client was brought to the hospital and intubated.

The Wellstead Rogers Complaint Findings for Medication and Staffing

In a report concluded on July 26, 2013, the Minnesota Department of Health cites The Wellstead Rogers for medication administration nursing care staffing shortage.

A violation is substantiated related to medications errors.

The Wellstead Rogers Complaint Findings for Patients Rights

In a report concluded on March 16, 2011, the Minnesota Department of Health cites The Wellstead Rogers for patients rights violation.

The allegation that the client’s right to receive care from properly trained staff in accordance with accepted nursing standards was violated.

If you have concerns about medication errors, patient rights or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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Sterling House Owatonna Patient Rights Violation Substantiated

Written By: Kenneth LaBore | Published On: 12th April 2015 | Category: Failure to Resond to Change in Condition, Inadequate Staffing/Training, Patient Rights | RSS Feed

Patient Rights Timely Response to Call Lights

Patient Rights Response to Change in Condition at Sterling House Owatonna Minnesota

Sterling House Owatonna Complaint Findings for Patient Rights

In a report concluded on March 25, 2011, the Minnesota Department of Health cites Sterling House Owatonna for patient rights violation.

It is alleged that a client’s right to be served by people who are properly trained and competent to perform their duties was violated based on the following: the staff member to check on other call lights instead of checking on the client, whose breathing she noticed had changed.

Substantiated Neglect Sterling House Owatonna Patient Rights

Minnesota Administrative Rules dictates that at least 20 of the 75 hours of training must be supervised practical training that occurs in a home setting under the supervision of a registered nurse. That, or the HHA in training must complete the supervised practical training within one month after beginning work at a HHA agency.

Thereafter, for each 12 months of employment, the licensed HHA must complete at least 8 hours of in-service training in relevant home health care topics and changes.

If you have concerns about patient rights or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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St Eligius Health Center Duluth Violation Substantiated

Written By: Kenneth LaBore | Published On: 10th April 2015 | Category: Patient Rights | RSS Feed

Patient Rights Violation at St Eligius Health Center Duluth Minnesota

St Eligius Health Center Duluth Complaint Findings for Violation of Patient Rights

In a report concluded on April 4, 2011, the Minnesota Department of Health cites St Eligius Health Center Duluth for patient rights.

Substantiated Neglect Violation of Patient Rights St Eligius Health Center Duluth

According to Medicare, in addition to proper medical care, as a resident in a Medicare and/or Medicaid-certified nursing home, you have certain rights and protections under federal and state law that help ensure you get the care and services you need.

The nursing home must tell you about these rights and explain them in writing in a language you understand. They must also explain in writing how you should act and what you’re responsible for while you’re in the nursing home. This must be done before or at the time you’re admitted, as well as during your stay. You must acknowledge in writing that you got this information.

At a minimum, federal law specifies that a nursing home must protect and promote the rights of each resident. As a person with Medicare, you have certain guaranteed rights and protections. In addition to these rights, you also have the right to:

Be treated with respect

You have the right to be treated with dignity and respect, as well as make your own schedule and participate in the activities you choose. You have the right to decide when you go to bed, rise in the morning, and eat your meals.

Participate in activities

You have the right to participate in an activities program designed to meet your needs and the needs of the other residents.

Be free from discrimination

Nursing homes don’t have to accept all applicants, but they must comply with local, state, and federal civil rights laws.

Be free from abuse and neglect
Be free from restraints

Nursing homes can’t use any physical restraints (like side rails) or chemical restraints (like drugs) to discipline you or for the staff’s own convenience.

Make complaints

You have the right to make a complaint to the staff of the nursing home or any other person without fear of being punished. The nursing home must address the issue promptly.

You have the right to be free from verbal, sexual, physical, and mental abuse, as well as abuse of your money or property (called “misappropriation of property”). Nursing homes can’t keep you apart from everyone else against your will. If you feel you’ve been mistreated (abused) or the nursing home isn’t meeting your needs (neglect), report this to the nursing home administrator.

If you have concerns about patient rights or any other form of elder abuse or neglect contact Elder Abuse and Neglect Attorney Kenneth LaBore at 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

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