The Demographic of US Aging Population

Based on advancements in many areas of life such as nutrition, early intervention, advances in emergency care and other medical treatments the population in America has expanded the average life expectancy to 78.8 years of age and 81.1 for Minnesotans.

The Trend of Increasing Life Expectancy and Growing Senior Population Requires New Care Models and Attention to Healthcare Needs
The Trend of Increasing Life Expectancy and Growing Senior Population Requires New Care Models and Attention to Healthcare Needs

The US Has an Aging Population

Based on advancements in many areas of life such as nutrition, early intervention, advances in emergency care and other medical treatments the population in America has expanded the average life expectancy to 78.8 years of age and 81.1 for Minnesotans.

U.S. Trends Aging Population

According to the CDC – In the United States, the proportion of the population aged >65 years is projected to increase from 12.4% in 2000 to 19.6% in 2030 (3). The number of persons aged >65 years is expected to increase from approximately 35 million in 2000 to an estimated 71 million in 2030 (3), and the number of persons aged >80 years is expected to increase from 9.3 million in 2000 to 19.5 million in 2030 (3). In 1995, the most populous states had the largest number of older persons; nine states (California, Florida, Illinois, Michigan, New Jersey, New York, Ohio, Pennsylvania, and Texas) each had more than one million persons aged >65 years (4). In 1995, four states had >15% of their population aged >65 years; Florida had the largest proportion (19%) (5). By 2025, the proportion of Florida’s population aged >65 years is projected to be 26% (5) and >15% in 48 states (all but Alaska and California) (5).

Increased Care Needs for the Aging Population

The increased number of seniors with care needs has put a strain on the elder care system and has required new models of care including home care, assisted living apartments, group homes and other in addition to traditional nursing home skilled care.

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 my 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 directed at 1-888-452-6589.

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Evolution of Nursing Home Care

Historically in America elder care was done by family members where the senior would live with one of their relatives in their later years.

Evolution of Nursing Home Care
Evolution of Nursing Home Care

Past History of Nursing Home Care

Historically in America elder care was done by family members where the senior would live with one of their relatives in their later years.  There was limited knowledge and access to advanced medical care and many people who had severe injuries and complex care conditions simply did not live long.  As life expectancy has risen to an average of 78.8 years for all Americans, the care needs for the aging population has increased considerably.  Overtime charitable organizations and churches have also cared for the elderly and infirmed.   There are still some non-profit organizations, but many large corporate profit driven facilities and providers.

Overtime the nursing home care industry has become regulated at both state and federal levels.   These regulations control the quality of life and quality of care to be provided to residents.  There are specific regulations on many care focused issues such as: nursing services, resident assessments, dietary services, physician and specialized rehabilitative services.  Other regulations include the Vulnerable Adults Act and Minnesota Rules 4658 which set forth other regulations pertaining to rights of residents and standards of care.

Creation of Nursing Home Care and Facility Patient Bill of Rights

HEALTH CARE BILL OF RIGHTS. Minn Stat.§ 144.651, Subdivision 1. It is the intent of the legislature and the purpose of this section to promote the interests and well being of the patients and residents of health care facilities. No health care facility may require a patient or resident to waive these rights as a condition of admission to the facility.

Any guardian or conservator of a patient or resident or, in the absence of a guardian or conservator, an interested person, may seek enforcement of these rights on behalf of a patient or resident. An interested person may also seek enforcement of these rights on behalf of a patient or resident who has a guardian or conservator through administrative agencies or in district court having jurisdiction over guardianships and conservatorships. Pending the outcome of an enforcement proceeding the health care facility may, in good faith, comply with the instructions of a guardian or conservator.

Future of Nursing Home Care and Elder Care in General

The future of elder care is evolving away from a nursing home model.  The focus is on a home based and community based placement for seniors with support services.   There are many options in the continuum of care ranging from supplement care services from a personal care attendant to placement in a group home or adult foster care environment, memory care, assisted living with nursing home placement as a last alternative.  For more information on some of the many types of health care and elder care licensed facilities see the Department of Human Services, DHS website.

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 my 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 directed at 1-888-452-6589.

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Nursing Home Abuse and Neglect Lawyer

Many cases of nursing home abuse require a neglect lawyer who is aware of the many issues which arise in these type of cases. Many types of elder abuse are really also considered medical malpractice cases in Minnesota and would require expert affidavits or testimony on many of the substantive issues of the case

Minnesota Nursing Home Abuse and Neglect Attorney Kenneth LaBore
Minnesota Nursing Home Abuse and Neglect Lawyer Kenneth LaBore

Why you Need an Experienced Elder Abuse and Neglect Lawyer

Many cases of nursing home abuse require a neglect lawyer who is aware of the many issues which arise in these type of cases.   Many types of elder abuse are really also considered medical malpractice cases in Minnesota and would require expert affidavits or testimony on many of the substantive issues of the case.  An expert is usually required to establish the standard of care for the provider and then expert testimony on the issues of the injury itself and its cause.   Often cases involve medical malpractice cases and wrongful death claims at the same time.    Wrongful death cases require that the next-of-kin be identified and formally notified in an Trustee appointment process before a claim can be brought on behalf of the survivors interests.

What Type of Cases are Taken by an Elder Neglect Lawyer

Nursing home and elder abuse and neglect comes in many preventable forms.   Some types of neglect involve a single incident such as: a fall incident or being dropped from a hoyer lift; or a medication overdose; burn injury or sexual assault – other types of elder neglect occur over a period of time resulting in a decline such a dehydration and malnutrition or it can be both such as pressure sores from an event such as being left in a wheelchair for too long and aggravated by a lack of turning and repositioning of the resident.

Elder abuse and neglect cases require knowledge of the law, both state and federal regulations, as well as medical conditions, types of injuries and treatments and an understanding of many other medical conditions which often impact a case such as Alzheimer’s/dementia and diabetes for examples.   The fact someone is in a elder care facility is often due to several medical issues which must be considered when assessing the actions of the provider.

Other medical and legal issues come into play such as mental competency of resident’s when they agree to contracts or care, end of life directives such as DNI/DNR and POLST, and hospice.

If a claim of neglect case be resolved there are issues with to assure continued eligibility for benefits, and lien or subrogation claims that often need to be addressed with Medicare/Medicaid CMS, the state Department of Health or Human Services,

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.

Contact Elder Abuse and Neglect Lawyer Kenneth LaBore

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 my 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.

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Help Stop Elder Abuse and Neglect

There are many types of incidents which can be considered senior or elder abuse and neglect. Most situations and injuries are preventable with proper attention and assessment of risks and follow through in care as prescribed in the resident or patient’s care plan.

Ways to Reduce Elder Abuse and Neglect Research Facilities and Get Involved in Care
Ways to Reduce Elder Abuse and Neglect Research Facilities and Get Involved in Care

Preventable Forms of Nursing Home Abuse and Neglect

There are many types of incidents which can be considered senior or elder abuse and neglect.   Most situations and injuries are preventable with proper attention and assessment of risks and follow through in care as prescribed in the resident or patient’s care plan.

Some of the most common causes of elder abuse and neglect include lack of training and shortage of qualified staff members.   Old or improperly maintained or improperly used medical equipment.  Many of the common injuries include: fall injuries such as broken hip, head injuries, fractures, pressure sores, urinary tract infections, medication errors, physical and sexual abuse and a failure to respond to a patient’s change in condition.

How to Reduce Risks of Abuse and Neglect

One of the best ways to reduce the risk of harm in a nursing home or other care facility is to be proactive.  In Minnesota you can research the history of the facility or care provider through either the Minnesota Department of Health (MDH) or Department of Human Services (DHS) websites.   Also get involved and attend doctor appointments and care plan meetings and notice when the quality of care being provided is not in compliance with the what is ordered by the doctors, therapists and other professionals.

Advocate for quality of care by contacting the providers and if that fails get assistance when possible from the Long Term Care Ombudsman or Adult Protection or other county or state organization.  For more information on selecting a facility see the MDH website on Choosing a Facility .

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 my 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.

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