Elder Abuse is a Crime

Elder Abuse is a Crime

Elder Abuse by Caregivers

Elder abuse by caregivers and as well as culpable neglect can be a gross misdemeanor and can be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000.00, or both.

Minnesota Statute 609.231 titled Mistreatment of Residents or Patients – states that whoever, being in charge of or employed in any facility required to be licensed under the provisions of Minnesota law, Sections 144.50 to 144.58, or 144A.02, intentionally abuses, ill-treats, or culpably neglects any patient or resident therein may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000.00, or both.

Elder Abuse by Caregivers – Prevent Abuse

Advocate for prevention of abuse and neglect if you have reason believe there was gross neglect or physical, sexual assault, call the police.

If you would like a Free Consultation from Attorney Kenneth LaBore a top rated elder abuse attorney on how to hold a negligent care giver accountable call 612-743-9048.

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Nursing Home IMPACT signed into law

Nursing Home IMPACT signed into law

IMPACT Signed into Law

The nursing home reform act was signed into law late last fall, the law call Improving Medicare Post-Acute Transformation (IMPACT) which amongst other things included the development of a system for collection of nursing home staffing levels through payroll data they can verify.
I frequently advocate for improvement in the number of well trained staff in nursing homes. Many incidents occur as a result of a lack of staff present during Activities of Daily Living (ADLs) including dressing, eating, transfers, toileting, bathing and other types of cares. There is a strong relationship between staffing levels and the number of staff and the quality of care including accidents, medication errors, neglect such as pressure sores and more.

Nursing Home IMPACT

Residents concerned about staffing levels and other quality indicators can find information from Medicare CMS pertaining to the FIVE STAR RATING SYSTEM

The Passing of IMPACT

By passing IMPACT more funds will be available to collect invaluable staffing data. Not only will this act have an effect of increasing staffing levels in general, it will be a way to track staffing of facilities where there are systemic violations and neglect findings and ultimately assist in holding them accountable.

For more information about nursing home abuse and neglect call Attorney Kenneth LaBore at 612-743-9048.

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Increased Staff to Patient Ratios Improves Safety

Increased Staff to Patient Ratios Improves Safety

Increasing Staff to Patient Ratios Reduces Injuries to Nurses

According to an article by McKnight’s Increasing Staff to Patient Ratios Improves Nurse Safety, a California law which established mandatory nurse to patient ratio reduced the number injuries suffered by the caregivers.  Nursing home staff is frequently lifting, moving, transferring residents and injuries can result when there is not a sufficient number of staff available to assist.   It makes sense that the more people to do a job the less likely that someone would strain themselves.

Increasing Staff to Patient Ratios Improve Quality of Care Provided to Residents

As an advocate for vulnerable adults, nursing home and other elder care facility residents not only does an increased number of staff decrease nurse injuries it is correlated to providing better quality of care for residents and a reduction of incidents of preventable neglect and injury.

If you have a question about elder abuse or neglect and would like a free consultation with an experienced and top rated elder abuse attorney call Kenneth LaBore for a Free Consultation at 612-743-9048 or contact him by email at KLaBore@MNnursinghomeneglect.com

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Minnesota Elder Justice Center

Minnesota Elder Justice Center

Minnesota Elder Justice Center Builds on a History of Advocacy

The recently launched Minnesota Elder Justice Center joins two highly-regarded Minnesota initiatives to focus and accelerate work to prevent and alleviate the abuse, neglect, and financial exploitation of elders and vulnerable adults – the Vulnerable Adult Justice Project (VAJP) and MN S.A.F.E. Elders Initiative the two advocacy groups for vulnerable adults and older adults joined in 2013 to form the Minnesota Elder Justice Center.  Their three immediate areas of focus are public awareness, professional educational and practice and public policy.

Minnesota Elder Justice Center Has Valuable Information

The Minnesota Elder Justice Center website has information for families, professionals, and laws & public policy.  There is also some basic information on Protecting People at Risk, Physical Abuse, Emotional Abuse, Sexual Abuse, Neglect, Financial Exploitation, Financial Scams and more.

Contact Elder Abuse and Neglect Attorney

If you have questions about the quality of care provided to a vulnerable adult or senior in a nursing home or other care facility contact Elder Abuse and Neglect Attorney Kenneth LaBore at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com

 

 

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Minimum Criteria for Initiation of Antibiotics in Long Term Care Residents

Minimum Criteria for Initiation of Antibiotics in  Long Term Care Residents

Criteria for Initiation of Antibiotics for Suspected UTI.

The criteria for initiation of antibiotics in long-term care residents is set out by the Minnesota Department of Health, MDH:

NO indwelling catheter:

  • Acute dysuria

or

  • Fever (>37.9oC [100oF] or a 1.5oC [2.4oF] increase above baseline temperature) and at least one of the following:

New or worsening:

  • Urgency
  • Frequency
  • Suprapubic pain
  • Gross hematuria
  • Costovertebral angle tenderness
  • Urinary incontinence

WITH indwelling catheter (Foley or suprapubic):

  • At least one of the following:
  • Fever (>37.9oC [100oF] or a 1.5oC [2.4oF] increase above

baseline temperature)

  • New onset of delirium

Note: Foul smelling or cloudy urine is not a valid indication for initiating antibiotics.  Asymptomatic bacteriuria should not be treated with
antibiotics.

Criteria for Initiation of Antibiotics for Suspected Skin and Soft-tissue Infection

  • New or increasing purulent drainage at a wound, skin, or soft-tissue site

or

  • At least 2 of the following:
  • Fever (>37.9oC [100oF] or a 1.5oC [2.4oF] increase above baseline temperature)
  • Redness
  • Tenderness
  • Warmth
  • New or increasing swelling

If you have concerns about infections and the need for antibiotics for a nursing home or assisted living facility resident, contact elder abuse and neglect attorney Kenneth LaBore for a Free Consultation at 612-743-9048.

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Nursing Home Resident, Senior Citizen

Nursing Home Resident, Senior Citizen

Information for Seniors from MinnesotaHelp.info

Information for seniors from Minnesota Help.info include several topics including, Senior Link, Disability Link, Health Care Link, Long Term Care Link – Waiver & Alternative Care Program Services

There is also information on DHS Licensing Information Lookup, MN Dept. of Health – Health Care Facility and Provider Database, Waiver Programs Overview, Apply for a Waiver Program in Minnesota and others.

If you have a question about care related issues and you believe someone you love has been the victim of elder abuse or neglect, contact Attorney Kenneth LaBore for a Free Consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com

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Help Prevent Elder Abuse and Neglect

Help Prevent Elder Abuse and Neglect

Causes of Elder Abuse

One of the most common causes of elder abuse in Minnesota is the lack of qualified nurses and aides in the facilities. To provide proper care and treatment for a vulnerable person takes time and sometimes several patient caregivers to provide

Other Common Causes of Elder Abuse and Neglect

In addition to staffing concerns the quality of the equipment used to provide assistance and transfers for residents often is the cause of serious preventable injuries. The simple failure to properly secure a sling in a patient lift and double check before transfer has resulted in many head injuries, fractures and death. Injuries due to old beds and equipment is common: problems with wheels which do not lock as they should, bed rails, wheelchairs that are broken or have the improper seat cushion, and other pieces of medical equipment designed to assist a vulnerable person can lead to serious injuries or death.

Many forms of elder neglect are preventable with simple common sense.   Slow down, and make sure the patient or resident is receiving the best care practicable.   Often times a lack of staffing or poorly trained staff is a cause of injury to those most vulnerable.   Further out dated or improperly maintained medical equipment can lead to preventable falls and the resulting fractures, and other injuries.

If you want more information about elder abuse or neglect contact Attorney Kenneth LaBore for a free consultation at 612-743-9048.

Woman in Nursing Home in Her Wheelchair

Woman in Nursing Home in Her Wheelchair

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Federal Regulations For Nursing Homes

Here are a few of the more significant federal regulations designed to protect vulnerable adults residing in nursing homes.

Under the regulations, the nursing home must:

• Have sufficient nursing staff. (42 CFR §483.30)

• Conduct initially a comprehensive and accurate assessment of each resident’s functional capacity. (42 CFR §483.20)

• Develop a comprehensive care plan for each resident. (42 CFR §483.20)

• Prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate, toilet, eat, and to communicate. (42 CFR §483.25)

• Provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal oral hygiene. (42 CFR §483.25)

• Ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities. (42 CFR §483.25)

• Ensure that residents do not develop pressure sores and, if a resident has pressure sores, provide the necessary treatment and services to promote healing, prevent infection, and prevent new sores from developing. (42 CFR §483.25)

• Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible. (42 CFR §483.25)

• Ensure that the resident receives adequate supervision and assistive devices to prevent accidents. (42 CFR §483.25)

• Maintain acceptable parameters of nutritional status. (42 CFR §483.25)

• Provide each resident with sufficient fluid intake to maintain proper hydration and health. (42 CFR §483.25)

• Ensure that residents are free of any significant medication errors. (42 CFR §483.25)

• Promote each resident’s quality of life. (42 CFR §483.15)

• Maintain dignity and respect of each resident. (42 CFR §483.15)

• Ensure that the resident has the right to choose activities, schedules, and health care. (42 CFR §483.40)

If you have any questions about elder abuse and neglect and how to advocate on behalf of vulnerable adults contact Attorney Kenneth LaBore at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com

Federal Regulations are there to keep nursing home residents safe and to guide the quality of care, be an advocate and review these laws.

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two women hugging

STOP ELDER NEGLECT

Stop Minnesota Elder Abuse – Stop Elder Neglect and Abuse!!

S: See – See and observe elder abuse and neglect. Ask questions, take pictures, make calls do what you can to call attention to elder abuse.

T: Tell – Notify the facility, the Department of Health, The Family or Resident Council, Ombudsman, Police, whoever you can to protect elders from physical and sexual abuse and neglect.

O: Outrage – do not accept excuses show the outrage elder abuse and neglect requires. Be and advocate!!

P: Protect – elders and other vulnerable adults, they were the ones to protect us, now it is an obligation for friends and families to STOP elder abuse>

STOP ELDER NEGLECT – STOP ELDER ABUSE

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Do you Suspect Abuse

When you suspect abuse of a nursing home resident it is important to act on their behalf. If the abuse can be documented with pictures or video do so. If you can get medical records which show neglect or other omissions of care. This may require the resident to sign an authorization if you are not the attorney in fact with a power of attorney. Minnesota has many resources for elder abuse and neglect. You can call the Adult Protective Services in the County you reside, ADULT PROTECTIVE SERVICES, or the Minnesota Department of Health Office of Health Facility Complaints,

If you are interested in researching past surveys of nursing homes and other elder care facilities you can do so at the MDH website: http://www.health.state.mn.us/divs/fpc/directory/surveyfindings.htm

In my experience if timing in critical call “911” when you suspect abuse. Many situations merit calling 911, including suspicions of sexual or physical abuse. Many times the facility is unaware of injuries or other serious medical conditions such as urinary tract infections, pressure sores, or other changes in the resident’s condition. Many of the cases of wrongful death I handle could have been avoided with an early call to “911” where a full examination in a medical center could have revealed the condition when there is still time to act.

If you have any questions concerning how to stop elder abuse or questions about the care provided to someone important to you call Attorney Kenneth LaBore at 612-743-9048 for a free consultation. You can also reach Mr. LaBore by email at KLaBore@MNnursinghomeneglect.com

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