According to a Star Tribune article written by Lora Pabst:
Hopkins police are investigating whether a man charged with sexually assaulting a fellow resident of a senior apartment building might also have assaulted other male residents of the building. Thomas Whitfield, 57, was charged in Hennepin County District Court Thursday with fifth-degree criminal sexual conduct in connection with the assault Tuesday at the Hopkins Village Apartments near downtown Hopkins. According to the criminal complaint, Whitfield was visiting an 82-year-old man in his apartment. The man was sitting in a chair when Whitfield walked over and began to perform a sex act on him. For the rest of the story see: Hopkins Man, 82, Reports Sexual Abuse.
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.

According to a story by MyFox9 reports that the Minnesota Department of Health has determined that Regions Hospital is to blame for the death of one patient and the second degree burns of another, including an event where a nursing home resident was dropped off at the nursing home but never assisted with entering the facility. The resident was apparently left outside from 2:00 am to 5:00 am after a visit to the hospital. For the rest of the story see: MDH Investigates Regions Hospital Neglect Cases.

These are examples of how a lack of supervision, over sight and care in medical facilities is leading to serious preventable injuries and death of vulnerable adults.
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.

I came across this excellent YouTube video on evidence based pressure ulcer management.

As an attorney that deals with cases where pressure ulcers go without proper assessment and treatment I can tell the readers that preventing these wounds should be the highest priority for care givers of the elderly or disabled. Once an ulcer starts it is often difficult if not impossible to reverse the process and heal the skin again.
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.

According to a study was published in JAMA February 4, 2009:
Mortality Risk Following Osteoporotic Fracture
Elevated risk was associated with even minor fractures and, with hip fractures, persisted for at least 10 years.
Osteoporotic fractures, particularly of the hip and spine, are associated with premature mortality. To evaluate the extent of this risk, researchers followed 4005 older community-dwelling Australians (age, 60 at enrollment in 1989). During the next 18 years, 1295 participants (952 women, 343 men) experienced fractures of any type, most commonly involving the hip, vertebrae, pelvis, femur, or multiple ribs.
The mortality rate for participants with fractures was roughly double that of participants without fractures; relative mortality rose further after subsequent fractures (doubled for women, tripled for men). Elevated mortality risk continued for 5 years after fractures, persisting for 5 to 10 years in patients with hip fractures. In a detailed study of a subset of patients with fractures, the main clinical factors associated with excess mortality were older age, subsequent fracture, weak quadriceps strength, smoking (in women), and low physical activity (in men). No association was noted for chronic disease comorbidity.
Comment: These results demonstrate that, not only is osteoporotic fracture associated with excess mortality, but that this risk persists for several years after any fracture and as long as 10 years after hip fracture. In addition, excess risk occurs regardless of the location or severity of fracture and seems to be present regardless of chronic disease burden.
— Thomas L. Schwenk, MD
Published in Journal Watch General Medicine February 5, 2009
Citation(s):
Bliuc D et al. Mortality risk associated with low-trauma osteoporotic fracture and subsequent fracture in men and women. JAMA 2009 Feb 4; 301:513.
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.

“Enhancing Excellence in Leadership” – 2008-2010           

________________________________________

Goals Established: Strategic Plan, 2008-2010

In late 2007 and 2008 the Minnesota Board of Examiners for Nursing Home Administrators reviewed their mission, current operational effectiveness, national trends, and future skill sets required of a contemporary administrator and focused on four major areas to further promote the public’s interest in quality care by ensuring quality administrators. The continuously revised working copy of board discussion is found on the website.

GOAL #1:  Goals towards addressing Assisted Living Administrators Credentialing

       Based on recent national developments and emerging models towards credentialing of Assisted Living Administrators, the board will volunteer to coordinate a stakeholder meeting with consumer and provider participants. 5/08 update: With legislation introduced this year by Elder Care Rights Alliance, the board did not convene this discussion, but will participate in credentialing discussions if so requested.

GOAL #2:  Goals directed towards initial academic training and practicum/ field experience 

       Invite academics and veteran preceptors of interns to discuss ultimate learning environments to prepare new administrators with sufficient skills.  

       Review state examination expectations, requirements and content.

GOAL #3:  Goals Directed Toward Improving Experienced Administrators continued competency  

       Continue to work with key stakeholders on continued competency expectations and educational growth of the LNHA.  Review areas related to continuing education, quality improvement models, just culture, and ethics.  

GOAL #4: Goals Directed Toward Board operations effectiveness

       Board will maintain involvement with seven academic centers with LNHA programs, other provider stakeholders, NAB, and quality improvement objectives involving the core competencies of the LNHA.

For more information regarding BENHA: See Minnesota Board of Examiners of Nursing Home Administrators

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.

Verne Gagne incident highlights problem of dementia and violence
According to a story by:
By Jeremy Olson
jolson@pioneerpress.com
Posted: 02/22/2009 12:01:00 AM CST

Nursing homes are facing more and more challenges as they admit residents with dementia who are prone to combative outbursts.
The Feb. 14 death of Helmut Gutmann, 97, after he was thrown to the floor by former wrestler Verne Gagne, 82, is a high-profile example of a problem that is likely to grow as more people reach ages when Alzheimer’s disease and other causes of dementia are common.
“It happens with a frequency that we have yet to truly understand,” said Mark Wandersee, executive director of the Minnesota ElderCare Rights Alliance.
While such incidents may seem beyond control — given dementia’s hijacking of the mind — advocates say many care facilities could do a better job of reducing risks. Some outbursts may be random, but others reflect anxiety, hunger, fatigue or even the side effect of a drug.
Wandersee also criticized the state for a complaint system that, until last summer, overlooked some claims of resident-to-resident abuse.
A key question following the Gagne incident at Friendship Village in Bloomington is whether caregivers had written abuse-prevention plans for both men. State law requires abuse prevention plans for vulnerable adults in care facilities, to protect them from being harmed or committing harm. In 2003, the state also began requiring any facility that specializes in memory care to train its workers on the complex needs of this population.
Wandersee said more questions must be answered about the facility’s role. An incident like this can trigger an investigation by the Minnesota Department of Health, but a state spokesman could not confirm an inquiry.
“How adequately staffed was the dementia care unit or the memory care unit?” Wandersee said. “Were there a tremendous number of adults with dementia congregating too closely with one another?”
For the rest of the story see: Dementia - and its dangers - overlooked, elder advocates say following Verne Gagne incident.

According to the Minnesota Patient’s Bill of Rights Minnesota Statute 144.651, Subd. 14. Freedom from maltreatment.
Patients and residents shall be free from maltreatment as defined in the Vulnerable Adults Protection Act. “Maltreatment” means conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce mental or emotional distress. Every patient and resident shall also be free from nontherapeutic chemical and physical restraints, except in fully documented emergencies, or as authorized in writing after examination by a patient’s or resident’s physician for a specified and limited period of time, and only when necessary to protect the resident from self-injury or injury to others.
With respect to the dementia abuse prevention plan it should developed after an assessment as part of a patient’s or resident’s care plan. According to state and federal law a nursing home must conduct initially a comprehensive and accurate assessment of each resident’s functional capacity. (42 CFR § 483.20)
§ 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.
The facility must develop a comprehensive care plan for each resident. (42 CFR § 483.20 (k)) and Minnesota Rule 4658.0405, Subpart 1.
(k) Comprehensive care plans.
(1) The facility must develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet a resident’s medical, nursing, and mental and psychosocial needs that are identified in the comprehensive assessment. The care plan must describe the following—
Minnesota Rule 4658.0405, Subpart 1, requires that “a nursing home must develop a comprehensive plan of care for each resident within seven days after the completion of the comprehensive resident assessment as defined in part 4658.0400”. The comprehensive plan of care must be developed by an interdisciplinary team that includes the attending physician, a registered nurse with responsibility for the resident, and other appropriate staff in disciplines as determined by the resident’s needs, and, to the extent practicable, with the participation of the resident, the resident’s legal guardian or chosen representative.
• 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(c))
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.

An Arden Hills Nursing Home has been accused of neglect leading to the death of an elderly woman. Presbyterian Homes in Arden Hills was investigated by the Minnesota Department of Health after an incident in April 2008 where the a woman sustained a bump on her head leading to her eventual death. It was determined that the bump was as a result of a fall. After she was examined in the hospital it was determined that the woman had a fracture of her neck at the C2 vertebrae at the base of her skull.
After completing their investigation the Minnesota Department of Health, Office of Health Facility Complaints determined that “maltreatment” had lead to her injuries and eventual death.
After learning of the MDH findings, Presbyterian Homes campus director calls this an “unfortunate incident,” and filed a letter asking the state to reconsider it’s finding of maltreatment, saying, “There is no substantial evidence as to the cause of injury.”
The letter also suggests the fracture could’ve been caused by an “accident,” not neglect or abuse. The report is now under state review.
For the rest of this story see: Arden Hills Nursing Home Fights Maltreatment Finding from Fox 9 News.
Pursuant to federal regulations a nursing home must ensure that the resident receives adequate supervision and assistive devices to prevent accidents. (42 CFR §483.25 (h))
(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.
• Once an event occurs such as a fall or unexplained injury the nursing home must conduct initially a comprehensive and accurate assessment of each resident’s functional capacity. (42 CFR § 483.20)
§ 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.

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.

You are more likely to get struck by lightning than to get an insurance company to pay for a major medical procedure. For those of you who have seen the movie, “Rainmaker,” you may remember the corporate giant, Great Benefits, getting sued by Rudy Baylor, a young inexperienced attorney doing what he thought was right. In that movie, Great Benefits, an insurance company was being sued for denying a policy inclusive procedure to a young man with leukemia, leading to his death. Unfortunately, these occurrences happen just as often in real life, with individuals suffering very real consequences.

Recently, the family of a seventeen-year-old leukemia patient, Nataline Sarkisyan, sued Cigna, a major health insurance provider, when the company refused to pay for a liver transplant. As a result, the teenager died and there’s no bringing her back. Nataline’s family asked Cigna to pay for a liver transplant but the insurer refused, calling the procedure experimental. Four doctors subsequently pleaded with Cigna to reconsider, stating that individuals who receive the transplant have a six-month survival rate of 65%. After extensive rallying by health care providers outside of Cigna’s office, the company reversed its earlier decision, but it was too late. Nataline Sarkisyan died within hours.

Although Nataline’s lawsuit is taking place in California, there are statutory provisions in place to protect individuals like Nataline in Minnesota. Pursuant to Minnesota Statute 604.18, an insurer is liable to the insured if the insured can show:

1.) The absence of a reasonable basis for denying the benefits of the insurance policy; and
2.) That the insurer knew of the lack of a reasonable basis for denying the benefits of the insurance policy or acted in reckless disregard of the lack of a reasonable basis for denying the benefits of the insurance policy.

Health care has changed immensely in the past twenty years, and these changes have had both positive and negative implications on the consumer. It is vital to ask questions before you purchase your policy and read the fine print. The insurance agent can be helpful with explaining certain features to your policy, but he or she is not the person denying or approving your plan when you need it. The relationship you have with your insurance company is purely based on the terms stated on your policy-nothing more and nothing less. It is wise to shop around, get to know the major providers, know their payment systems and understand the exceptions to the policy. Almost every insurance policy lists what they cover, followed by the exceptions or limitations. This is crucial, so do not overlook this section.

If you or someone you know has been wrongfully denied coverage by the insurance company, I recommend contacting a competent attorney to understand your legal rights in the matter.

For More Information See: Calif. Teen’s Family Sues Cigna Over Transplant

***DISCLAIMER: The content provided is not intended to be construed as legal advice. If you have any questions or concerns, based on your factual circumstances, please contact Richard Y. Cheng, Esq. with Pearson, Randall, Schumacher & LaBore, P.A. (612)767-7500 or rcheng@prslegal.com***

The holiday season; it’s the most joyous time of the year. For some, it means being with family and seeing those elusive faces you encounter once a year. For others, it has more religious meaning behind it and embracing sermons at church. However, one thing we cannot deny is that gift sales spike and children are exposed to a multitude of toys.

There are many types of toys on the market, with a various degrees of safety. Some pose more risk than others, while some are completely banned in Minnesota. Under Minnesota Statute 325F.13, it states, “no person shall sell, expose for sale, deliver, give away, possess, or introduce or deliver for introduction into commerce any hazardous toy or article intended to be used by a child or banned hazardous toy or article intended to be used by a child.” Toys that fall under this category may possess explosives, toxic chemicals, venom, dangerous projectiles, etc. Not only is it vital for you to monitor the safety of your children, but it’s equally important to know the sources of danger that jeopardizing their safety.

The U.S. Consumer Product Safety Commission (CPSC) has identified a list of toys that may pose a greater danger than most other toys. “For 2007, the Commission has reports of 18 toy-related deaths and CPSC staff estimates that there were about 170,100 hospital emergency-room treated toy-related injuries to children under 15.” The toys that made the “hit list” include: riding toys, toys with small parts/balls, balloons, magnets, chargers and adapters.

Look, let’s be honest. No toy or play item will be completely risk free, unless you consider air a toy for your four year old (yes, I am thinking of a particular four year old). However, if you keep your eyes peeled for the pesky dangers and recognize when a toy may be considered a banned hazardous toy, then you can minimize the peril that may be lurking around the corner.

If you or your children have been injured by a hazardous toy or a toy without adequate warnings, I recommend that you contact a competent attorney to understand your legal rights in the matter.

 For More Information See: Toy Safety Tips Before Shopping for Holiday Gifts

***DISCLAIMER: The content provided is not intended to be construed as legal advice. If you have any questions or concerns, based on your factual circumstances, please contact Richard Y. Cheng, Esq. with Pearson, Randall, Schumacher & LaBore, P.A. (612)767-7500 or rcheng@prslegal.com***

Given the rise in dog owners, especially in the city limits, it is no surprise that dog bite injuries in Minnesota have been on a rise since the late nineties. In fact, according to the Minnesota Department of Health, dog bite injuries have increased by 40% between 1998 and 2005. Some state congressional members have even taken it as far as banning specific breeds, such as Akitas, Chow-Chows, Rottweilers, etc. Some instances of dog bite injuries that occurred in 2007 include:

March 26: A 37-year-old woman nearly dies after a pit bull and an American bulldog attack her at her neighbor’s Minneapolis home.

April 13: An 8-year-old Minneapolis boy on his way to school is mauled by an Akita.

April 20: A 4-year-old girl suffers severe head lacerations after she is attacked by a pit bull in Minneapolis.

April 24: A 59-year-old, attempting to serve legal papers in St. Paul, is attacked and severely injured by 2 pit bulls.

June 8: An 11-year-old girl riding a small motor scooter with a child on the back is attacked and severely mauled by a pit bull in St. Paul.

June 9: A 5-year-old girl is bitten and knocked to the ground by a pit bull in St. Paul.

Millions of Minnesotans gaze into their television sets (or really their LCD or Plasma screens) every evening, watching their favorite evening news and hear about the stories mentioned above. Of course, these same individuals think to themselves, “That’s a pity, but that would never happen to anyone I know.” Furthermore, many people feel that ferocious dogs are associated with only a few select breeds (e.g., pit bulls). Despite these false misconceptions, the truth is, it can be YOU or someone you know who becomes a victim of a dog bite. And no, these ill-fated occurrences are not the fruit of only ferocious pit bulls, but rather, any dog in your neighborhood (yes, even that cute lil’ fluffy dog your neighbor lets roam around on his front yard).

Under Minnesota Statute 347.22, “if a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable in damages to the person so attacked or injured to the full amount of the injury sustained. The term “owner” includes any person harboring or keeping a dog but the owner shall be primarily liable. The term “dog” includes both male and female of the canine species.” Based on the language of this law, Minnesotans who are victims of dog bite injuries have statutory protection and should understand their rights when finding a suitable resolution.

DISCLAIMER: The content provided is not intended to be construed as legal advice. If you have any questions or concerns, based on your factual circumstances, please contact Richard Y. Cheng, Esq. with Pearson, Randall, Schumacher & LaBore, P.A. (612) 767-7500 or rcheng@prslegal.com

For more information see: Dog Bite & Attack News