There was an excellent story this week in the Star & Tribune titled: To check a nursing home.

There was information for consumers and family members to check on the quality of nursing homes in Minnesota, including:
• Medicare Nursing Home Compare
• ‘Special Focus’ Facilities
• Minnesota Department of Health
• Complaint investigation
• Inspection Reports

To review this story see: To check a nursing home.

You can also receive this information and much more on my website, which has many resources for residents and family members of nursing home and other elder care facilities. See; MNNursinghomeneglect.com

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to KlaBore@mnnursinghomeneglect.com or call Ken at 612-743-9048.

There was a story this week in the Star & Tribune titled: Drug errors led to patient’s death in Wadena nursing home.

A central Minnesota nursing home committed serious medication mistakes three times within 16 days last year causing the death of one of them according to state investigators. Apparently the “significant medication errors”at Fair Oaks Lodge in Wadena indicated a systems failure at the facility, prompting state Health Department investigators to place blame with the home. State investigators observed a medication rate of 18 percent during one evening’s staff rounds.

The story states that deaths from medication errors are rare in nursing homes. In 2008 records show that there were 253 allegations of medication errors up from 199 the year before.

According to the story an 82-year-old resident of the nursing home who was suffering from Alzheimers died after he was negligently given three medications on one day. The medication caused the resident’s blood pressure to drop and eventually she became unresponsive and was taken by ambulance to an emergency room and then passed away form pneumonia. There were other improperly medicated residents also taken the emergency room.

For the rest of the story see: Drug errors led to patient’s death in Wadena nursing home.

Nursing Homes MUST Ensure that Residents are Free of any Significant Medication Errors. (42 CFR § 483.25 (m)) and Minnesota Rule 4658.1320.
42 CFR § 483.1320 (m) Medication Errors. The facility must ensure that—
(1) It is free of medication error rates of five percent or greater; and
(2) Residents are free of any significant medication errors.

4658.1320 MEDICATION ERRORS.
A nursing home must ensure that:
A. Its medication error rate is less than five percent as described in the Interpretive Guidelines for Code of Federal Regulations, title 42, section 483.25(m), found in Appendix P of the State Operations Manual, Guidance to Surveyors for Long-Term Care Facilities, which is incorporated by reference in part 4658.1315. For purposes of this part, a medication error means:
(1) a discrepancy between what was prescribed and what medications are actually administered to residents in the nursing home; or
(2) the administration of expired medications.
B. It is free of any significant medication error. A significant medication error is:
(1) an error which causes the resident discomfort or jeopardizes the resident’s health or safety; or
(2) medication from a category that usually requires the medication in the resident’s blood to be titrated to a specific blood level and a single medication error could alter that level and precipitate a reoccurrence of symptoms or toxicity.
C. All medications are administered as prescribed. An incident report or medication error report must be filed for any medication error that occurs. Any significant medication errors or resident reactions must be reported to the physician or the physician’s designee and the resident or the resident’s legal guardian or designated representative and an explanation must be made in the resident’s clinical record.

Knowing that there should not have a medication rate above 5%, the 18% referenced by this story is shown to be grossly negligent. Medication errors usually occur when there is a shortage of well qualified and trained nursing home staff.

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to KlaBore@mnnursinghomeneglect.com or call Ken at 612-743-9048.

False Billing to Medicare and Medicaid and other Fraud in Nursing Homes
Fraud can occur in a number of different ways. In many instances, the nursing home staff will not provide the documentation needed to Medicaid or Medicare. In other instances, the nursing home make false claims to Medicare or Medicare on your behalf in attempt to bolster profits from the facility. Nursing Homes and other Medicare and Medicaid medical providers are required to only bill for actual services provided to residents. If you suspect that services billed to Medicaid and Medicare is not being provided, then it may be fraud contact a nursing home fraud lawyer to assist you investigate the matter and hold the facility or other perpetrator accountable.

The rules and regulations surrounding healthcare fraud are complex, we can assist you in ensuring the care is provided as needed and that the facility is held accountable for any attempts to defraud the state or federal government. There is both a state and federal False Claims Act, create a cause of action against facilities that participate in Medicare and/or Medicare Fraud. This type of claim is often called a “Qui tam” claim and the “whistleblower” may be entitled to compensation for orignal source information which substantiates fraud sufficient to receive the support of the Minnesota Attorney General’s office or the federal Department of Justice.

When it comes to how you handle your finances, under the Minnesota Nursing Home Residents’ Bill of Rights, you have the right to “manage your own personal financial affairs, unless a court has decided otherwise. You may delegate this responsibility to the facility for a period of time. The facility must provide you with at least a quarterly accounting of your financial transactions.”

The Vulnerable Adults Act Prohibits Financial Exploitation of Nursing Home Residents
Minnesota Statute § 626.5572, Subd. 9. Financial exploitation.
“Financial exploitation” means:
(a) In breach of a fiduciary obligation recognized elsewhere in law, including pertinent regulations, contractual obligations, documented consent by a competent person, or the obligations of a responsible party under section 144.6501, a person:
(1) engages in unauthorized expenditure of funds entrusted to the actor by the vulnerable adult which results or is likely to result in detriment to the vulnerable adult; or
(2) fails to use the financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct or supervision for the vulnerable adult, and the failure results or is likely to result in detriment to the vulnerable adult.
(b) In the absence of legal authority a person:
(1) willfully uses, withholds, or disposes of funds or property of a vulnerable adult;
(2) obtains for the actor or another the performance of services by a third person for the wrongful profit or advantage of the actor or another to the detriment of the vulnerable adult;
(3) acquires possession or control of, or an interest in, funds or property of a vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud; or
(4) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult’s will to perform services for the profit or advantage of another.
(c) Nothing in this definition requires a facility or caregiver to provide financial management or supervise financial management for a vulnerable adult except as otherwise required by law.

A nursing home billing for care they are not providing or substandard care may be participating in Medicare or Medicaid fraud for failing to use the financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct or supervision for the vulnerable adult, and the failure results or is likely to result in detriment to the vulnerable adult.

If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to Klabore@guardianlegalservices.net, or call Ken at 612-767-7503.

Any type of abuse in a nursing home environment is wrong and a crime. Under the Minnesota Nursing Homes Residents Bill of Rights, all residents have the right to “be free from harm, including abuse, neglect and financial exploitation.” Physical abuse is the most common type of abuse in nursing homes but sexual abuse also occurs behind closed doors. No one wants to think that this could be happening to a family member. Sexual abuse can be one of the hardest things to admit to and to overcome but it is incredibly important for the welfare of all residents that any act of sexual abuse be reported to a nursing home abuse attorney as soon as possible.
Sexual, Physical and Psychological Abuse of Nursing Home Residents
Sexual abuse usually happens behind closed doors. The criminal will often attack at night and will leave the victim feeling disgusted and ashamed. Furthermore, sexual abuse often comes with mental abuse as well. Name calling, treating the residents in a demeaning or threatening manner and harassment all fall under the category of verbal abuse. In many instances, a resident will be intimated by verbal abuse and will not report the sexual or physical abuse due to fear and shame or a fear that they will not be believed. Resident’s are also fearful that if they cause a problem they will be forced out of the facility and have nowhere to go. Be on the lookout for the following signs and symptoms of sexual abuse in a resident:
• Any physical cuts, scratches or bruising
• Signs of depression or anxiety
• Extreme fear or nervousness, especially when an employee is present
• Isolation
• Mood changes
• Weight loss or weight gain
Sexual abuse can lead to severe emotional complications including low self esteem, suicidal thoughts and depression. It is critical for the welfare of all residents that sexual abuse be stopped immediately.
What to Do if You Suspect Sexual Abuse
If you suspect that your loved one is being abused sexually, then you need to speak to them about it. Often times the resident will feel so ashamed that they will deny anything is wrong. Look for the signs of nursing home sexual and mental abuse, as listed above, and report any suspicious behavior to the authorities. By contacting an ensuring nursing home abuse lawyer, you are ensuring that all residents, both present and future, are protected against this criminal behavior.
In many cases, nursing home sexual abuse occurs because the nursing staff has not been givne a proper background check during the hiring process. Most nursing homes are understaffed with high rates of turnoever thus the nursing home may often have a need to overlook hiring protocols designed to protect the safety of the residents. It is the law that all nursing staff have a criminal background check but this is often waived due to the high demand for staff. In many instances, a nurse with a history of abuse will still be able to find work in nursing homes or other form of elder care facility, despite having been placed on a watch list. Often times sexual abuse of nursing home residents is a preventable form of neglect if the facility management would have the required background checks for new employees as well as enough staff to ensure the residents are well supervised, reducing the liklihood of sexual assaults.
Abuse and Neglect in Nursing Homes
Sometimes it is difficult to determine if there was an incident of abuse or neglect suffered by a nursing home resident. Due to the complex nature of the care needs of many residents it is not always immediately evident if a person’s condition is the result of declining health or a disease process or due to either physical abuse or more subtly neglect.
Federal Regulations Prohibit Abuse and Neglect of Nursing Home Residents
42 CFR § 483.10 Resident rights.
The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights:
(a) Exercise of rights. (1) The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States.
(2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights.
(3) In the case of a resident adjudged incompetent under the laws of a State by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed under State law to act on the resident’s behalf.
(4) In the case of a resident who has not been adjudged incompetent by the State court, any legal-surrogate designated in accordance with State law may exercise the resident’s rights to the extent provided by State law.
Minnesota law also prohibits abuse and Neglect of Nursing Home Residents
Vulnerable Adult’s Act Minnesota Statute § 626.5572, Subd. 2. Abuse.
“Abuse” means:
(a) An act against a vulnerable adult that constitutes a violation of, an attempt to violate, or aiding and abetting a violation of:
(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;
(2) the use of drugs to injure or facilitate crime as defined in section 609.235;
(3) the solicitation, inducement, and promotion of prostitution as defined in section 609.322; and
(4) criminal sexual conduct in the first through fifth degrees as defined in sections 609.342 to 609.3451.
A violation includes any action that meets the elements of the crime, regardless of whether there is a criminal proceeding or conviction.
(b) Conduct which is not an accident or therapeutic conduct as defined in this section, which produces or could reasonably be expected to produce physical pain or injury or emotional distress including, but not limited to, the following:
(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable adult;
(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable adult or the treatment of a vulnerable adult which would be considered by a reasonable person to be disparaging, derogatory, humiliating, harassing, or threatening;
(3) use of any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion, including the forced separation of the vulnerable adult from other persons against the will of the vulnerable adult or the legal representative of the vulnerable adult; and
(4) use of any aversive or deprivation procedures for persons with developmental disabilities or related conditions not authorized under section 245.825.
(c) Any sexual contact or penetration as defined in section 609.341, between a facility staff person or a person providing services in the facility and a resident, patient, or client of that facility.
(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult against the vulnerable adult’s will to perform services for the advantage of another.
(e) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section 253B.03 or 524.5-313, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition and hydration parenterally or through intubation. This paragraph does not enlarge or diminish rights otherwise held under law by:
(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or
(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.
(f) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult.
(g) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with:
(1) a person, including a facility staff person, when a consensual sexual personal relationship existed prior to the caregiving relationship; or
(2) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship.
Minnesota Statute § 626.5572, Subd. 9. Financial exploitation.
“Financial exploitation” means:
(a) In breach of a fiduciary obligation recognized elsewhere in law, including pertinent regulations, contractual obligations, documented consent by a competent person, or the obligations of a responsible party under section 144.6501, a person:
(1) engages in unauthorized expenditure of funds entrusted to the actor by the vulnerable adult which results or is likely to result in detriment to the vulnerable adult; or
(2) fails to use the financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct or supervision for the vulnerable adult, and the failure results or is likely to result in detriment to the vulnerable adult.
(b) In the absence of legal authority a person:
(1) willfully uses, withholds, or disposes of funds or property of a vulnerable adult;
(2) obtains for the actor or another the performance of services by a third person for the wrongful profit or advantage of the actor or another to the detriment of the vulnerable adult;
(3) acquires possession or control of, or an interest in, funds or property of a vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud; or
(4) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult’s will to perform services for the profit or advantage of another.
(c) Nothing in this definition requires a facility or caregiver to provide financial management or supervise financial management for a vulnerable adult except as otherwise required by law.
“Initial disposition” is the lead agency’s determination of whether the report will be assigned for further investigation.
Minnesota Statute § 626.5572, Subd. 15. Maltreatment.
“Maltreatment” means abuse as defined in subdivision 2, neglect as defined in subdivision 17, or financial exploitation as defined in subdivision 9.
Minnesota Statute § 626.5572, Subd. 17. Neglect.
“Neglect” means:
(a) The failure or omission by a caregiver to supply a vulnerable adult with care or services, including but not limited to, food, clothing, shelter, health care, or supervision which is:
(1) reasonable and necessary to obtain or maintain the vulnerable adult’s physical or mental health or safety, considering the physical and mental capacity or dysfunction of the vulnerable adult; and
(2) which is not the result of an accident or therapeutic conduct.
(b) The absence or likelihood of absence of care or services, including but not limited to, food, clothing, shelter, health care, or supervision necessary to maintain the physical and mental health of the vulnerable adult which a reasonable person would deem essential to obtain or maintain the vulnerable adult’s health, safety, or comfort considering the physical or mental capacity or dysfunction of the vulnerable adult.
(c) For purposes of this section, a vulnerable adult is not neglected for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections 253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult, or, where permitted under law, to provide nutrition and hydration parenterally or through intubation; this paragraph does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or
(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult;
(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with:
(i) a person including a facility staff person when a consensual sexual personal relationship existed prior to the caregiving relationship; or
(ii) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship; or
(4) an individual makes an error in the provision of therapeutic conduct to a vulnerable adult which does not result in injury or harm which reasonably requires medical or mental health care; or
(5) an individual makes an error in the provision of therapeutic conduct to a vulnerable adult that results in injury or harm, which reasonably requires the care of a physician, and:
(i) the necessary care is provided in a timely fashion as dictated by the condition of the vulnerable adult;
(ii) if after receiving care, the health status of the vulnerable adult can be reasonably expected, as determined by the attending physician, to be restored to the vulnerable adult’s preexisting condition;
(iii) the error is not part of a pattern of errors by the individual;
(iv) if in a facility, the error is immediately reported as required under section 626.557, and recorded internally in the facility;
(v) if in a facility, the facility identifies and takes corrective action and implements measures designed to reduce the risk of further occurrence of this error and similar errors; and
(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently documented for review and evaluation by the facility and any applicable licensing, certification, and ombudsman agency.
(d) Nothing in this definition requires a caregiver, if regulated, to provide services in excess of those required by the caregiver’s license, certification, registration, or other regulation.
(e) If the findings of an investigation by a lead agency result in a determination of substantiated maltreatment for the sole reason that the actions required of a facility under paragraph (c), clause (5), item (iv), (v), or (vi), were not taken, then the facility is subject to a correction order. An individual will not be found to have neglected or maltreated the vulnerable adult based solely on the facility’s not having taken the actions required under paragraph (c), clause (5), item (iv), (v), or (vi). This must not alter the lead agency’s determination of mitigating factors under section 626.557, subdivision 9c, paragraph (c).
Minnesota Statute § 626.5572, Subd. 21. Vulnerable adult.
(a) “Vulnerable adult” means any person 18 years of age or older who:
(1) is a resident or inpatient of a facility;
(2) receives services at or from a facility required to be licensed to serve adults under sections 245A.01 to 245A.15, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is served in the Minnesota sex offender program on a court-hold order for commitment, or is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause (4);
(3) receives services from a home care provider required to be licensed under section 144A.46; or from a person or organization that exclusively offers, provides, or arranges for personal care assistant services under the medical assistance program as authorized under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, 256B.0651, 256B.0653 to 256B.0656, and 256B.0659; or
(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
(i) that impairs the individual’s ability to provide adequately for the individual’s own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for care or services, the individual has an impaired ability to protect the individual’s self from maltreatment.
(b) For purposes of this subdivision, “care or services” means care or services for the health, safety, welfare, or maintenance of an individual.
If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to Klabore@guardianlegalservices.net, or call Ken at 612-767-7503.

As we get older it is not uncommon to develop complications involving our respiratory system. Many elderly patients in nursing home care will require breathing tubes in order to support life. A clogged or obstructed breathing tube can often lead to brain damage or death. Another risk to residents is from respirational pneumonia if food becomes lodged in their respiratory system.

It is the responsibility of the nursing home to ensure that their resident’s tracheal tubes are properly placed and unobstructed and are cleaned regularly. Failing to provide this care is a form of nursing home neglect which would be preventable in most situations. Nursing Homes must have adequate numbers of well trained staff to assist with feeding and caring for the residents.

If someone you loved has suffered from an accident caused by an obstructed breathing tube, it is important to contact a nursing abuse attorney right away.

Why a Tracheotomy Tube is Needed
A tracheotomy tube, or a breathing tube, is used to assist with providing oxygen for the resident. It is inserted into the trachea through a small cut in the neck and acts as a patient’s life support. The need for a tracheotomy can be used for a number of different reasons and conditions affecting the lungs. The main functions of a tracheal breathing tube are:
• To relieve mechanical airway obstruction
• To permit easy access for secretion removal
• To protect the airway from aspiration due to impaired cough and gag reflexes
• To provide mechanical ventilation

Hazards of an Obstructed Breathing Tube
A clogged breathing tube can have dire consequences. If a breathing tube is obstructed with either food or bodily secretions, then the pathway oxygen is also blocked. Being unable to breath and decreased oxygen levels for even a brief period of time can result in permanent brain damage, stroke and in certain instances, even death. Other risks include respirational pneumonia, which is usually due to food or other substances getting into the lungs creating an infection often leading to death. When a nurse of aide is unable to spend sufficient time in assisting with eating and drinking it is possible for the food and liquids to be either lodged in the tracheal tube or the resident’s airway and lungs.
An obstructed breathing tube is not the only complication surrounding tracheotomy tubes. If the tubes are not properly maintained and cleaned, then there could be a risk of infection. It is important that the nursing staff is adequately trained and use sterile technique to minimize this risk.

It is the responsibility of the nursing home to ensure that a resident receives quality care at the highest level practicable. The nursing home resident and their tracheotmy tube must be properly monitored by the nursing staff and adequate care must be provided. All residents will require different and particular care needs when it monitoring of their respiratory system. This will depend on the hydration, humidity, infection and nutrition of the patient as well as the patient’s ability to cough and the patient’s level of competence. No matter how much care a resident requires, the nursing home is responsible the necessary care or transferring the residnet to a facility that is capable of providing the care and treatment.

Nursing homes across Minnesota have an obligation to comply with minimum care standards established by state and federal regulations. Many times injuries occurring to residents of Minnesota nursing homes, assisted living and other types of elder care facilities is due to a corporate organization which is focused on maximizing profits at the expense of safety. Many asphyxiation and trachiotomy tube incidents resulting in serious injury or deaths could have been prevented with increased numbers of attentive and well qualified staff providing additional supervision.

Minnesota law requires that a nursing home must have on duty at all times a sufficient number of qualified nursing personnel, including registered nurses, licensed practical nurses, and nursing assistants to meet the needs of the residents at all nurses’ stations, on all floors, and in all buildings if more than one building is involved. This includes relief duty, weekends, and vacation replacements.

Minnesota Rule 4658.0015 states that a nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.

Minnesota Rule 4658.0105 mandates that a nursing home must ensure that direct care staff is able to demonstrate competency in skills and techniques necessary to care for residents’ needs, as identified through the comprehensive resident assessments and described in the comprehensive plan of care, and are able to perform their assigned duties.

Federal regulation 42 CFR §483.25 (h) establishes a duty for the nursing home to ensure that the resident receives adequate supervision and assistive devices to prevent accidents:

42 CFR §483.25 (h) Accidents. The facility must ensure that—
(1) The resident environment remains as free of accident hazards as is possible; and
(2) Each resident receives adequate supervision and assistance devices to prevent accidents.
Minnesota Statute 626.5572, Subd. 3. Accident.
“Accident” means a sudden, unforeseen, and unexpected occurrence or event which:
(1) is not likely to occur and which could not have been prevented by exercise of due care; and
(2) if occurring while a vulnerable adult is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event.

Despite the state and federal regulations designed to protect vulnerable adult, there are still an unacceptably high number of respirational pneumonia, dislodged or clogged trachitomy tube incidents in nursing homes due to inadequate staffing and training.

Contact Us For A Free Consultation
If someone you love has been seriously affected by an obstructed breathing tube, or by other nursing home neglect such as respiratory pneumonia, call for a free consultation explaining how you can hold the facility accountable. No patient deserves this type of nursing home neglect. Attorney Kenneth LaBore has years representing the victim of nursing home abuse and neglect Contact Mr. LaBore for a free consultation with no fee unless there is a recovery from the wrongdoer, call locally at 612-767-7503 or toll free at 800-774-0757 or by email at KlaBore@Guardianlegalservices.net.