Minnesota Nursing Home Lawyer

Dual Stiffness Flooring – Can the Flooring A Nursing Home Selects Reduce Fractures?

Dual Stiffness Flooring – Can It Reduce Fracture Rates Due To Falls?

According to an article published in the Journal of American Medical Directors Association and summarized in the US National Library of Medicine, National Institutes of Health NCBI, Dual-stiffness flooring (DSF) shows promise in reducing morbidity in experimental models.   The study was designed to measure the impact of SmartCell flooring on falls-related morbidity in nursing homes.

The tendency of the study was for residents on DSF to have less bruising and abrasions, while having more redness and cuts.  There was a 2.4% fracture rate on regular flooring (out of 82 falls studied compared with 0% on DSF (out of 85 falls studied).  The conclusion suggests that DSF may be a practical approach for institutions to reduce falls related fractures and injuries.

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 please contact Kenneth LaBore 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 or toll free at 1-888-452-6589.

Resources for Caregivers

 

 

The following are links to resources for caregivers of nursing home, assisted living, and other elder care facilities:

 

Assisted Living Facility Resources

Assisted Living Bill of Rights, provided through Elder Care Rights Alliance / Tubman.

Consumer Information Guide to Assisted Living by Minnesota Department of Health.

Assisted Living Quality Reviews by the Minnesota Department of Health.

Questions to Ask when Visiting an Assisted Living Facility, by Elder Care Rights Alliance / Tubman.

Need Assisted Living? A brochure by the Minnesota Board of Aging.

Memory Care Facility Resources

Time Slips (creative story telling for persons with dementia), provided through Elder Care Rights Alliance / Tubman.

Naomi Fei – Validation, provided through Elder Care Rights Alliance / Tubman.

Alzheimer’s Association

Home Care Bill of Rights, provided through Elder Care Rights Alliance / Tubman

Caregiver and Elder Advocacy Organizations

The U.S. Department of Health and Human Services sponsors The National Center on Elder Abuse, NCEA which has a website with information concerning elder abuse, elder abuse reporting numbers, and links to other related resources.

The Minnesota Board on Aging is a state sponsored non-profit organization that provides resources and facilities senior services.

Senior Linkage Line is the Board on Aging’s free statewide information and assistance service. The Senior LinkAge Line service is provided by six Area Agencies on Aging that cover all 87 counties of Minnesota and helps you to connect to local services. The Senior LinkAge Line’s toll free number is 1-800-333-2433.

Alzheimer’s Association, Minnesota – North Dakota Chapter
a very active advocacy organization, offering education and training for individuals who provide care for individuals suffering from Alzheimer’s and Dementia.

Minnesota Vulnerable Adults Act, a brochure by Minnesota Board on Aging.

Resources for Resident’s and Family of Nursing Homes – Long Term Care Facilities

Elder Care Rights Alliance ERCA, part of Tubman, ECRA / Tubman promotes individualized, respectful, safe, and healthy care for Minnesota’s vulnerable adults and the aging population. ECRA empowers and educates these clients, their families, caregivers, and professionals. ECRA also offers Care Professionals free or low cost training.

The Consumer Voice for Quality Long-Term Care was formed as NCCNHR (National Citizens’ Coalition for Nursing Home Reform) in 1975 because of public concern about substandard care in nursing homes. NCCNHR helped with the writing of The Federal Nursing Home Reform Act or OBRA ’87 which creates a set of national minimum set of standards of care and rights for people living in certified nursing facility. Their webpage has a variety of valuable information regarding the reduction and prevention of elder abuse and neglect.

Minnesota Nursing Home Bills of Rights, provided by the Elder Care Rights Alliance / Tubman.

Center for Medicare and Medicaid Services, CMS, Nursing Home Compare provides the user with assistance in finding a nursing home based upon particular criteria such as the types of care and rehabilitation provided, location and past history of the facility.

Minnesota Department of Health, Nursing Home Report Card provides a way to compare nursing homes in Minnesota based upon the quality of care provided in the facility as determined by the facility’s survey and complaint history.

Tips for Choosing a Nursing Home provided by Eldercare Rights Alliance / Tubman.

Eldercare Locator, is a public service of the U.S. Administration on Aging to locates resources for older adults in other states. 1-800-677-1116.

Family Councils are an important way that family and other community members can promote quality care of the resident of nursing homes, complaints made by the family council must be addressed by the facility under penalty with the state surveyors. The Minnesota Eldercare Alliance produced the following brochure on Family Councils. The Elder Care Rights Alliance information on the Elder Justice Program which provides training to members of family and resident councils. ECRA has a manual “The Guide to Effective Resident & Family Councils”, which can be ordered online for a small fee.

Resident Councils are a direct way for residents to get involved in issues related to the quality of care given to the residents.

The Law and Resident Councils, provided by Elder Care Rights Alliance / Tubman.

Nursing Homes and How to Pay for Care, provide by Elder Care Rights Alliance /Tubman.

Share the Care Journal, provided by Minnesota Board on Aging.

Nursing Homes and Assisted Living Facilities, Legal Alert of the Month, by the Minnesota Office of Attorney General.

Minnesota County Human Services Contact Information.

Family Caregiver (in Spanish), Recursos Para Cuidadores de Familia

A Minnesota Long-Term Care Ombudsman can provide information about a resident’s rights and will also assist in resolving issues concerning placement, care issues and more. An ombudsman is an independent consumer advocate. Ombudsmen investigate complaints concerning the health, safety, welfare and rights of long-term care consumers, work to resolve individual concerns, and identify problems and advocate for changes to address them, at no charge to the consumer. Ombudsmen also offer information and consultation about nursing home, boarding care home, housing with services, assisted living, customized living, home care and hospital services, rights and regulations.

Minnesota Health Care Directive

Minnesota Health Care Directive information from the Minnesota Board of Aging.

Common Types of Elder Neglect:

Pressure Ulcers:

Pressure Ulcers also known as Decubitus Ulcers and Bed Sores are a common form of neglect and often are avoidable with proper care and attention. A resident at risk for pressure ulcers should have preventative measures taken to protect them including: the use of: pressure relieving mattresses, frequent turning of bed bound residents, proper nutrition and hydration and other care

The Minnesota Department of Health prepared a brochure titled: “A Physician’s Practitioner’s & Clinician’s Reference Guide for Pressure Ulcer Prevention & Treatment”.

The Minnesota Department of Health prepared a document titled: “Pressure Ulcers Questions and Answers”.

Fall Injuries:

The American Academy of Orthopedic Surgeons publishes a fall prevention brochure for seniors.

The Centers for Disease Control and Prevention and the National Center for Injury Prevention and Control offer various sheets and education materials on fall prevention strategies and statistics.

The Centers for Disease Control and Prevention and the National Center for Injury Prevention and Control produces: Falls – Older Adults.

The Centers for Disease Control and Prevention and the National Center for Injury Prevention and Control also produces: What Outcomes are Linked to Falls? and Hip Fractures Among Older Adults.

The Minnesota Department of Health and the Center for Medicare and Medicaid Services CMS has a power point on Who is at Risk? and How Can Older Adults Prevent Falls?

Medication Errors:

The Minnesota Department of Health has materials dedicated to unnecessary medications.

The U. S. Food and Drug Administration produced a brochure for health professionals.

Medlineplus provides information on a thorough list of health conditions which affect the health of seniors.

Merck Manual of Geriatrics is a free online medical text and manual providing comprehensive and thorough approach to the field of gerontology based on the most current research available. In addition to medications, this manual addresses many aspects of prevention, cure or control of disease.

Urinary Tract Infections and Incontinence:

The Minnesota Department of Health has a multiple page article titled “Urinary Incontinence and Indwelling Catheters: CMS Guidance for Long-Term-Care”.

Urinary Tract Infection (UTI) Prevention, a brochure by the Mayo Clinic.

Elder Physical and Sexual Abuse:

Victim Services, through Elder Care Rights Alliance / Tubman.

Elder Financial Exploitation and Abuse:

Seniors Guide to Fighting Fraud, by the Minnesota Office of Attorney General.

Effort Launched to Protect Elderly from Financial Abuse, by the Minnesota Department of Commerce.

 

 

 

State and Federal Law Requires that Nursing Homes Have Sufficient Numbers of Staff and Adequate Medical Equipment

One of your legal rights when it comes to your choice in nursing home is to ensure that all the medical equipment, including the staff, is up to the standards. It is important that all medical equipment be checked and serviced by professionals and that all staff are properly trained and qualified for their positions in the environment. If you are worried about improper equipment or inadequate nursing staff in your loved one’s nursing home, then contact our Minneapolis elder care abuse attorney right away.

Improper Equipment Concerns

There are a number of different problems surrounding improper equipment and use of this equipment. Some of the cases we handle include the following:

  • Hazardous equipment – this includes beds, bathroom facilities and common room facilities
  • Lack of safety devices – bed rails, wheelchairs, etc.
  • Inadequate bedding – unclean sheets, rickety beds, missing bed rails
  • Lack of hygiene and cleanliness
  • Lack of proper medical equipment and medication

Inadequate Staff Concerns

In addition to hazardous equipment concerns, you also need to be sure that the nurses, the doctors and the carers in the facility are properly qualified and trained. Because of the rise in the aging population, more and more nursing facilities are hiring people off the street that do not have the education, the qualifications or the background to work in this environment. The nursing home facility should only hire those who:

  • Are legally able to work in the United States of America
  • Speak an adequate level of English to communicate with the patients
  • Do not have a criminal record that suggests they are a danger to the environment
  • Have the proper education and credentials
  • Have been properly trained on the protocol of the facility as well as each patient’s individual needs

Furthermore, all nurses and doctors should be compensated fairly and given adequate breaks and days off. One of the biggest problems surrounding nursing home neglect cases is that the workers are understaffed and overworked. They do not have the motivation or the energy to take care of the patients and thus this can lead to negligence and abuse.

If you think that the doctors or nurses have not been properly trained or are concerned about their professionalism, then it is important that you speak to a nursing home lawyer about these concerns. The doctors and nurses are responsible for the well being and every day care of your loved one – you want to make sure they are right for the job.

Contact Us For A Free Consultation

If a nursing home is not providing an adequate level of health care and support then it is important that the authorities be notified right away and that the nursing home neglect stops immediately. A Minnesota nursing home neglect lawyer can help you hold the nursing home accountable for failing to provide proper care.

Nursing home residents have the right to adequate needs, equipment and staff. If you or someone you love has suffered any abuse or neglect in a nursing home, then contact Kenneth LaBore locally at 612-743-9048 or fill out the form on this page.

As an Advocate for the Vulnerable I want to call your attention to Tubman Elder Care & Rights Center

As an Advocate for the Vulnerable I want to call your attention to Tubman Elder Care & Rights Center – I want to forward a valuable resource for caregivers of elderly and other vulnerable adults

ECRA promotes individualized, respectful, safe, and healthy care for Minnesota’s vulnerable adults and the aging population. ECRA empowers and educates these clients, their families, caregivers, and professionals.
Tubman Elder Care & Rights Center
(612) 870-2454
(800) 893-4055

According to a recent national caregiver survey, there were more than 45 million family caregivers in the United States, and 60% of those are employed. Today it is estimated that one in four American households struggle to provide care for an older family member. The demand for caregiver education grows as individuals discover the complexity of today’s long-term care system, whether searching for help for a loved one or for yourself.

ECRA has developed a program – Becoming a Smarter Caregiver — that answers these questions for family and friend care givers. “Becoming a smarter” caregiver is offered at our offices in Bloomington, or at a location of your choice. Scheduling is flexible, and the program can be presented in a number of ways: one 4-hour session, or two 2-hours sessions.

For more information or to customize your own training session, contact Jim Tift at (952) 854-7304 or by email at jtift@eldercarerights.org

For further information or questions please contact ECRA or call 1-800-893-4055

This caregiver resource information is brought to you by: Minnesota Nursing Home Nursing Home and Elder Abuse Attorney Kenneth L. LaBore.

Although, efforts are made to make accurate links and relayed information, these blogs are examples of neglect and other issues, please double check all information.
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.

Minnesota Department of Health Substantiated Finding for Benedictine Health Center of Minneapolis

MDH -Minnesota Department of Health
Facility and Provider Compliance
NOTE: The following information about the facility and provider is provided by the MDH Website this blog is not a complete list of providers with Substantiated Complaints, the providers highlighted are generally those which focus on the care of disabled or elderly persons.

Pursuant to Minnesota Statute 626.5572, subd. 19; “Substantiated” means a preponderance of the evidence shows that an act that meets the definition of maltreatment, which is defined subdivision 15, as: means “abuse as defined in subdivision 2, neglect as defined in subdivision 17 or financial exploitation as defined by subdivision 9.”
According to the MDH report:
A residet was not provided with care according the his physician orders when the the nursing home staff member did not call the physician on call nor provide CPR after a resident stopped breathing
For the entire MDH report click here
As an attorney who handles nursing home abuse and neglect cases in Minnnesota, I can attest that many cases of serious injury or death occur when the staff of a nursing home is not trained on how to handle both emergencies and gradual changes in condition which are signs of a injury, decline or medical complication.
To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).

Under the regulations, the nursing home must have sufficient nursing staff. (42 CFR § 483.30)
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. (42 CFR § 483.25 (h))

§ 483.20 Resident assessment.
The facility must conduct initially and periodically a comprehensive, accurate,
standardized, reproducible assessment of each resident’s functional capacity. (a) Admission orders. At the time each resident is admitted, the facility must have
physician orders for the resident’s immediate care.
(b) Comprehensive assessments—(1) Resident assessment instrument. A facility must make a comprehensive assessment of a resident’s needs, using the resident assessment instrument (RAI) specified by the State.

Although, efforts are made to make accurate links and relayed information, these blogs are examples of neglect and other issues, please double check all information at: MDH Website
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.

 
Minnesota Nursing Home Lawyer

MINNESOTA ELDER ABUSE AND NEGLECT LAWYER BLOG


Kenneth L. LaBore, Esq, Phone: 612-743-9048 or Toll Free: 1-888-452-6589


This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Minnesota Nursing Home Lawyer & Attorney of Kenneth LaBore - Attorney at Law, offering services related to elder abuse and neglect, nursing home, assisting living, and other senior or elder care facilities, serving Minneapolis, St Paul, Twin Cities, Mankato, Duluth, Bloomington, and throughout Minnesota.


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