Verne Gagne Assault Incident Highlights Issues in Nursing Homes Related to Dementia and Alzheimers Residents
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.