It was reported today that there was abuse noted from an assisted living facility in Virginia Minnesota. Nursing Home and Assisted Living abuse is found in many ways ranging from physical abuse, sexual abuse, financial exploitation or in this case, psychological abuse. Although the facility is usually not directly responsible for such actions, they are often still ultimately responsible for the indirect causes which lead to abuse, such as poor supervision or training of staff, failure to conduct thorough background checks, or allowing a culture in the facility to exist where the resident’s are not given the respect and dignity they deserve (de-humanization).
For more information on the Star and Tribune Article Titled: In Virginia Minnesota, another case of abuse at an Assisted Living Facility.
This website is not 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. In addition to providing related information this blog may also be considered an advertisement for legal services.
If you or a loved one has suffered an injury 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 LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

Minnesotan’s have seen in the news the loss of a local priest and victim of war injuries from Iraq, Father Tim Vakroc. Father Vakroc was critically wounded in a roadside bomb attack near Mosul in May 2004. Even though he survive the bomb blast he could not survive the poor care and treatment he received in a Minnesota Nursing Home, St. Therese whe he was injured in an improper transfer from his wheel chair to bed. Father Vakroc fell during the transfer and sustained an injury to his head, causing his death.
Unfortunately as an attorney that handles nursing home abuse and neglect cases in Minnesota I see this scenario too often. Most of the cases I see involved a fall from either transfer using less than the required number of people or from old and poorly maintained lift equipment. Both of these causes could be prevented. Nursing Homes need to invest in hiring the necessary numbers of well trained fully vetted staff. Nursing Homes also need to spend the necessary capital to maintain and purchase safe and modern transfer lifts for their residents.
The Father Vakroc case is so tragic and newsworthy due to his personal story and the completely avoidable nature of his accident.
For more information about the death of Father Vakroc at St. Therese see: August 25, 2009 WCCO, Nursing Assistants ‘Devastated’ in Vakroc Death and Star and Tribune2 Nursing Assistants Blamed for Priest’s Fall.This website is not 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. In addition to providing related information this blog may also be considered an advertisement for legal services.
If you or a loved one has suffered an injury 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 LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

One of the most common type of preventable injury to residents of nursing homes and other elder care facilities is pressure ulcers which I have blogged on in the past. One of the ways to ensure proper healing once a wound has appeared is to clean the pressure ulcer and to change the dressing frequently. I came across these YouTube video showing how to avoid pressure ulcers and the correct way to change a pressure ulcer or other wound dressing:

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 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 LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

In the past I have written about the New CMS Medicare Compare Five Star Rating System, which rates each nursing home eligible to receive Medicare and Medicare on a scale of 1 to 5 Stars. This is designed to be a quick and easy way to check on the quality of care provided by the facility as determined by past government conducted surveys.

The CMS Medicare Compare Five Star Rating can found at: CMS Five Star Rating:CMS MEDICARE NURSING HOME COMPARE

This website is not 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. In addition to providing related information this blog may also be considered an advertisement for legal services.
If you or a loved one has suffered an injury 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 LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

One of the most common type of preventable injury to residents of nursing homes and other elder care facilities is pressure ulcers which I have blogged on in the past. One of the ways to ensure proper healing once a wound has appeared is to clean the pressure ulcer and to change the dressing frequently. I came across these YouTube video showing the a decubitus pressure ulcer to a foot, especially for those with diabetes due to neuropathy (loss of sensation). In general pressure ulcers are preventable with proper care and early attention to any change in the foot, such as redness, abrasions or other skin irritations.

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 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 LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

One of the most common type of preventable injury to residents of nursing homes and other elder care facilities is pressure ulcers which I have blogged on in the past.   One of the ways to ensure proper healing once a wound has appeared is to clean the pressure ulcer and to change the dressing frequently.  I came across these YouTube video showing the correct way to change a pressure ulcer or other wound dressing:

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 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 LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

Resources for Selecting a Nursing Home
When selecting a nursing home or other long term care facility, consult additional resources to make an informed choice. The following are resources available to view various pieces of information by provider; by consumer priorities; by health care condition; and by local agency:

• “Nursing Home Compare” - http://www.medicare.gov/NHCompare (provides comprehensive data on each nursing home; operated by the federal government)
• “Nursing Home Selection”- http://www.health.state.mn.us/nhreportcard/ (searches for nursing homes based on the criteria most important to consumer; website co-sponsored by Minnesota’s DHS and MDH departments)
• “Nursing Facility Rates and Policy Division” information through the DHS available at: http://www.dhs.state.mn.us/main/idcplg?IdcService=GET_DYNAMIC_CONVERSION&RevisionSelectionMethod=LatestReleased&dDocName=id_000268 (information on nursing homes by county, city, and provider name, plus other resources)
• Minnesota Help Info - http://longtermcarechoices.minnesotahelp.info/ (guides user through a process of selecting a long term care option based on various factors)
• Minnesota Health Scores - http://www.mnhealthscores.org/?p=home (allows a search based on medical condition)
• Long Term Care Living (Consumer information on nursing home and assisted living providers) - http://www.longtermcareliving.com/
• Eldercare Locator - http://www.eldercare.gov/Eldercare.NET/Public/Home.aspx (helps find local agencies to assist in getting services)
TIP: Do Your Homework. Not all facilities are equal. Consult the following resources to find survey, complaint and investigation information on facilities prior to choosing a care provider:
• Investigation of Complaints by the MDH at: http://www.health.state.mn.us/divs/fpc/directory/surveyapp/provcompselect.cfm
• “Medicare Certified Home Health Agency Survey Information” periodically conducted by MDH at: http://www.health.state.mn.us/divs/fpc/directory/hhasurveyoutput.cfm
• “Assisted Living Reviews” periodically conducted by MDH at: http://www.health.state.mn.us/divs/fpc/profinfo/cms/als/alsreviewresults.html
• “Class A” Home Care Provider Survey results conducted by MDH at: http://www.health.state.mn.us/divs/fpc/directory/hhasurveyoutput.cfm
• “Class F” Home Care Provider Survey results conducted by MDH at: http://www.health.state.mn.us/divs/fpc/profinfo/cms/alhcp/alhcpsurveyresults.htm
• Contact the MDH Compliance Monitoring Division to request a summary report of deficiencies found during surveys from the Centers for Medicare and Medicaid Services (CMS) Online Survey Certification and Reporting System (OSCAR), called “Oscar Reports” at:

o Minnesota Department of Health - Compliance Monitoring Division
P.O. Box 64900
St. Paul, Minnesota 55164-0900

• “Annual Quality Improvement Report on the Nursing Home Survey Process” at: http://www.health.state.mn.us/divs/fpc/2007QINHreport.pdf

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 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 LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

Selecting a Nursing Home in Minnesota
Make Informed Choices. Ask questions and gather information before entering into an agreement with a housing or care provider to help ensure a good fit, such as:
• Assess your health needs now and over the next ten years
• Ask the provider how they will assist you in securing additional services as your health needs progress
• Assess your desired level of autonomy
• Remember that in any facility, you may bring in your own services, if the facility does not offer certain services to meet your needs
• Determine what license or registration the provider holds (often posted at a facility) and investigate any surveys or complaints on the facility (see “TIP” on page 5)
• Ask about the process to give feedback and make complaints and how the provider responds
• Ask whether the provider has a “resident advisory” or “family” council, which allows residents and family members to receive education and discuss concerns (see “TIP” on page 26)
• Determine cost of stay and source of payments, such as Medicare or Medical Assistance, and the implications of receiving certain payments (see “Payment Information” on page 24)
• Ask for a copy of the admissions, housing and/or services contract to review prior to entering into an agreement with the provider or program
• Determine who should be responsible for your financial and health decisions, including whether a health care directive or power of attorney is desired or necessary
• Determine who should sign an admission agreement and what duties arise for the signor
• Consider all factors, including family considerations, geography, special health needs, and the senior’s wishes, including a desire to not have services
Visit the nursing home or provider at feeding and bedtime to see how staff interacts with 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 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 LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

Here is an overview of the types of providers of Elder Care in Minnesota

OVERVIEW OF MINNESOTA’S ELDER CARE SYSTEM

Main Government Agencies –
Four main agencies regulate senior care in Minnesota. First, the Federal Government Health and Human Services Department, under the Centers for Medicare and Medicaid Services (CMS), regulates facilities taking Medicare and Medicaid payments, such as nursing homes. Second, the Minnesota Department of Health (MDH) works in conjunction with CMS to survey nursing home facilities and ensure Medicare/Medicaid facilities comply with federal and state law. The MDH also provides state licenses and registrations for many senior care options including nursing homes, boarding care homes, home care providers (Class A, B, C, and F licenses), housing with services registration, home management registration, and board and lodging. Third, the Minnesota Department of Human Services (DHS) works in conjunction with CMS to make Medicare/Medicaid payments. The DHS also grants licenses to certain senior care options such as adult foster care, adult day services, and residential homes for mentally and physically impaired individuals. The DHS works in conjunction with the MDH to provide background checks on potential employees of senior care facilities. Finally, the Minnesota Department of Veterans Affairs (MDVA) oversees the operation of Veterans Homes in Minnesota.

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 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 LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.