MDH Cites Shephard Park Home Care when Unsupervised Client Gets into Cleaning Supplies

In a report from the Minnesota Department of Health it is alleged that a client at Shephard Park Home Care in St. Paul was neglected when the facility failed to properly secure an industrial strength cleaning product, which the client ingested, resulting in her death.

Failure to Supervise Client at Shephard Park Home Care Results in Preventable Death

For a Free Consultation with an experienced elder abuse and neglect attorney call Kenneth LaBore at 612-743-9048.

Neglect was substantiated. The facility was responsible for the maltreatment. The client, who resided in the facility’s secured memory care unit, found an industrial strength cleaning supply in an unlocked kitchen cabinet. The client ingested the contents of the package, which resulted in a medical emergency. The client suffered chemical burns to her mouth and

Many forms of neglect lead to the preventable death of vulnerable adults residing in assisted living, nursing homes and other care facilities. A common theme is a lack of supervision and monitoring which can lead to falls, fractures, wandering, assaults, and many other types of harms, including possible poisoning. Most forms of elder abuse are preventable with proper care and supervision.

Report Suspected Elder Abuse

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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Minnesota Supreme Court Adopts Loss of Chance Doctrine

Based on a case called Dickhoff v. Green the Minnesota Supreme Court has ruled that there is a claim for “loss of chance” that is the lost or diminished chance of a full life expectancy. In theory his claim would apply in situations where there is a living plaintiff who has a shortened or reduced chances of full life expectancy. There is also a loss of chance of survival claim that can be plead as an alternative theory to the underlying wrongful death allegations.

Minnesota Jury Instruction Guide Has New Loss of Chance Instruction

Minnesota now has a Jury Instruction under MNCIVJIG 80.11 for “Loss of Chance” which would allow for a claim for diminished or reduced chance living a full life span, had the neglect not occurred.

To discuss a potential medical malpractice wrongful death claim with an experienced attorney call Kenneth LaBore at 612-743-9048.

Minnesota Loss of Chance Doctrine Also Includes a Loss of Survival Claim

The Loss of Chance Doctrine had traditionally two types of claims one for a reduce chance of a full live expectancy. Usually a claim where the number of months or years of life is reduced due to the neglect, in theory brought by that person or their representative. A Loss of Chance of Survival claim is a claim where the injured party dies and they lost their chance for survival.

The Lost Chance of Survival Claim would be brought by the next-of-kin of the deceased. An example would be a failure to respond to a change in condition including after a fall or other injury, or a failure to provide CPR.

Wrongful Death Loss of Chance as An Alternative Theory

There is a new Minnesota Jury Instruction, MN CIVJIG 80.96 titled “Wrongful Death – Loss of Chance as an Alternative Theory. Which allows a plaintiff to argue for both a traditional wrongful death claim and a loss of chance of survival claim. The difference would be in whether the jury believed the neglect was the “direct cause” of the death or if the negligence in providing care and treatment was a direct cause of the reduction in the chances of survival.

The is then asked in MNCIV JIG 80.96 to determine the percentage the decedent’s chance of survival or a more favorable outcome was reduced by the care provider’s negligence.

Report Suspected Elder Abuse

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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Recent MDH Substantiated Complaints against Good Samaritan Redwood Falls for neglect for fall after improper use of equipment.

Delay in Calling for Ambulance or 911, Failure to Provide Timely Emergency Care Good Samaritan Society Redwood Falls

Good Samaritan Society Redwood Falls Complaint Findings for Neglect, Delay in Calling 911

In a report concluded on January 25, 2011, the Minnesota Department of Health cites Good Samaritan Society Redwood Falls for neglect of health care.

The allegation is neglect based on the following: Resident #1 was not provided timely medical evaluation by staff when she had a medical change in condition.  Staff waited over one hour before calling an ambulance.  In addition, staff waited more than another hour when the ambulance did not come.  Resident #1 expired soon after the ambulance arrived.

Substantiated Samaritan Society Redwood Falls

According to NCBI, nursing homes must improve quality of care even as it becomes increasingly complex, and patient safety science may provide a helpful paradigm. Training materials are needed to build staff capacity for clinical assessment and communication, thereby improving care processes. Designed to develop curricular materials, this study used focus groups to determine how experienced nurses and aides assess and communicate about resident clinical changes. Four focus groups were conducted, and interviews were analyzed for themes in an iterative process by multidisciplinary team members. Staff reported that consistent caregiving enables detection of subtle clinical changes; aides further noted the importance of affective bonding. Aides and nurses alike regarded all clinical changes as potentially significant, while nursing staff lacked a consistent approach to assessment. Using a patient safety framework, structural changes and process elements were identified as important topics for further training to support clinical communication and improve resident and facility outcomes.

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 delay in providing emergency care, Minnesota Nursing Home Wrongful Death Attorney 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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