Woodbury Health Care Center

In a story dated April 13, 2010, by Paul Walsh from the Minneapolis Star & Tribune newspaper detailed a RN from a Woodbury Nursing Home who was faulted by the State of Minnesota for Improper Conduct. The complaint deals with a wrongly ordered halt to CPR on a dying resident in the nursing home.

For more information concerning Woodbury Health Care Center and this incident go the the attached: Minnesota Department of Health and type in facility name and under Provider Type either put “nursing home” or “all”.

As an attorney who handles nursing home abuse and neglect cases confusion in the Do-Not-Recusitate (DNR) or Do-Not-Intubate (DNI) leading to many situations where care is either withheld or provided when not wanted. Confusion on the DNR/DNI status of a resident can be dealt with through a clear and consistent policy at the nursing home to ensure that the resident or their legal representative’s wishes with respect to emergency care issues is addressed and that there is those wishes are easily found and identified by the staff when there is such a need. Failure have appropriate policies and procedures to determine a resident’s code status is another form of avoidable nursing home abuse and neglect suffered by our most vulnerable citizens.

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@guardianlegalservices.net or call Ken LaBore at 612-767-7503.

According to a story from the Star & Tribune titled:
Nursing home aide stuffed sock in dementia patient’s mouth

The story states:
“An aide at a northwestern Minnesota nursing home crammed a sock in the mouth of a screaming resident because the woman, elderly and in the late stages of dementia, wouldn’t be quiet, according to a state Health Department report released Tuesday.

The report quotes a co-worker as saying, “What the hell are you doing?” as the incident unfolded on Jan. 4 in the resident’s room at the Sunnyside Care Center in Lake Park.

The co-worker told an investigator that the nursing assistant “chuckled” and responded that the resident “wouldn’t quit hollering,” the report added. The co-worker then removed the sock from the resident’s mouth.”
This is an example of completely avoidable and in-execusable neglect, demonstrating a lack of concern for human dignity.

Nursing Homes must learn to treat the vulnerable resident under their charge with the respect they deserve. As an attorney who handles nursing home abuse and neglect cases, I wish I could say this type of incident, reckless and abusive care, is isolated.

Nursing Home Elder Abuse and Neglect Nursing home abuse and nursing home neglect of the elderly and vulnerable in nursing homes and other facilities occurs in many forms. A nursing home lawyer is here to assist your loved ones with holding the wrongdoers accountable. Some types of abuse are obvious such as elder sexual or elder physical assault or financial exploitation. Others forms of abuse and neglect are less noticeable and are often the result of having fewer nursing staff and aides than are needed and required. Staffing and training issues lead to many forms of avoidable neglect such as: falls, pressure ulcers (bed-sores), medication errors, dehydration and malnourishment, urinary tract infections, unsupervised residents wandering or suffering burn injuries and a multitude of other problems. Ken LaBore represents a professional Minnesota Nursing Home Law Firm, which is dedicated to holding nursing homes accountable for providing quality care to residents pursuant to the contracts they sign with the government, Medicare and Medicaid. The nursing home has an obligation to provide the: “highest quality of care practicable”. If you suspect abuse or neglect to any vulnerable adult, please contact the Minnesota Department of Health where you can file a confidential report protecting those unable to do so for themselves.

WHAT SHOULD I DO IF I SUSPECT NEGLECT OR ABUSE If you have reason to suspect that a loved one sustained an injury in a hospital, nursing home or assisted living facility the State of Minnesota Department of Health will investigate the issue upon reasonable suspicion. The first step to resolve the issue is a complaint form which must be filed with the MDH to start an investigation. The MDH Complaint Form is a three page document filed through the Office of Health Facility Complaints (OHFC) through a specified complaint form, which requests a reporting parties name, address and other contact information, the name of whom the complaint is on behalf of, the name and address of the facility, the date of the incident and a narrative statement on what occurred. The form contains a notice called a Tennessen Warning stating that the information you provide on the form may be used in an investigation report, however, your identity is confidential and is not revealed to the general public, except as required by law. The form goes on to give some situations where it may be necessary to reveal your identity to persons in a hearing. Giving your name is optional, but failing to do so may hinder efforts to resolve the problem. For more information and a copy of an OHFC Complaint Form go to: http://www.health.state.mn.us/divs/fpc/ohfcinfo/hfccomplaintform.pdf

Elder Physical and Sexual Abuse:

• Way to avoid Physical and Sexual abuse of the elderly is outlined in a brochure from Eldercare Rights Alliance called: Elder Abuse is a Crime.
• National Citizens’ Coalition for Nursing Home Reform (NCCNHR) provides a free brochure and article on the called: Faces of Neglect.
• The Power and Control Wheel for Elders and People with Disabilities.
• The Types of Elder Abuse and Warning Signs is a brochure and checklist of warning signs to look for to avoid elder abuse produced by Eldercare Rights Alliance.

Elder Financial Exploitation and Abuse:

• Eldercare Rights Alliance materials on Financial Exploitation of the elderly and vulnerable: Theft In Nursing Homes Awareness and Prevention.
• Minnesota Eldercare Rights Alliance, Personal Property Inventory Form, to use upon admission.

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

• Minnesota Nursing Home Residents’ Bill of Rights brochure from Eldercare Rights Alliance
• The Eldercare Rights Alliance has a brochure called Tips for Choosing a Nursing Home
• 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.
• 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 ElderCare Rights Alliance information on the Elder Justice Program which provides training to members of family and resident councils.
• Resident Councils are a direct way for residents to get involved in issues related to the quality of care given to the residents.

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@guardianlegalservices.net, or call Ken at 612-767-7503.

According to a story in The Journal, an International Falls Newpaper, titled: LMC nurse found negligent
A nurse employed by the Littlefork Medical Center has been found by the Minnesota Department of Health to have acted with neglect when failing to follow the facility’s policies and procedures when a resident began to have significant changes in breathing. The report did place blame on the facility which after investigating the incident since they forwarded a report to the Office of Health Facility Complaints (OHFC) in conjunction with the Vulnerable Adults Act.
The nature of the complaint stemmed from an incident when the aide failed to respond according to policies and procedures when the resident’s oxygen level suddenly dropped.
As an attorney who handles nursing home abuse and neglect cases, I was concerned over the nurse’s neglect, however pleased to see that the facility had acted correctly and reported the incident to the MDH, OHFC. The facilities proactive approach helped protect themselves as well as the residents of the facility.
According to federal law there is a general duty of a facility to:
42 CFR § 483.15 Quality of life.
A facility must care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident’s quality of life.
(a) Dignity. The facility must promote care for residents in a manner and in an environment that maintains or enhances each resident’s dignity and respect in full recognition of his or her individuality.
(k) Special needs. The facility must ensure that residents receive proper treatment and care for the following special services:
(1) Injections;
(2) Parenteral and enteral fluids;
(3) Colostomy, ureterostomy, or ileostomy care;
(4) Tracheostomy care;
(5) Tracheal suctioning;
(6) Respiratory care;
(7) Foot care; and
(8) Prostheses.
The NURSING HOME, must conduct initially a comprehensive and accurate assessment of each resident’s functional capacity. (42 CFR §483.20)
When the aide was made aware of the change in condition of the resident she was required to notify the treating physician and decision maker for the resident.
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 LaBore at 612-767-7503.

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.