Staffing Levels in Minnesota Nursing Homes

Staffing is Important Many of the incidents of neglect and abuse which occur in a nursing home or elder care environment is due to a lack of adequately trained professional nursing, and other staff members. What Does the Law Require? Minn. Stat. Sec. 144A04, Subd. 7 (2009). My understanding is that since the RUG-III classification began, we’re back to the 2.0 hours as the minimum. (Rules section... [Read more]

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Nursing Home Resident Victim of Sexual Abuse

Nursing Homes and other elder care providers in Minnesota have a duty to report abuse and neglect of vulnerable adults.   Nursing Homes should ensure that the residents are properly placed in the facility and that persons with medical or psychological conditions which make them unable to report incidents (Alzheimers, Dementia, Cognitive Issues) themselves need to be more closely monitored. Recently... [Read more]

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Fight Against Falls in Nursing Homes

I see another story about falls in a nursing home and the “Fight Against Falls” as outlined in the Duluth News Tribune Reasons for Falls (MOST ARE PREVENTABLE) Improper Assist -Attempting to get up on own when unable Cognitive Changes can effect balance and ability to walk leading to falls -Medication Error? -Reaction to medication? -Blood Sugars out of range? -Illness/fever/flu? -Septis? -Dehydration? -Stroke? Would... [Read more]

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Nursing Homes Have Obligation to Ensure Adequate Nurishment and Hydration for Their Residents

The Sun Newspapers had an article which reported that the Golden Living Center Nursing Home in Hopkins was negligent pertaining to the care of a resident who experienced significant weight loss over the period of a month and it was not reported to his primary physician or nurse practitioner. As an attorney who handles nursing home abuse and neglect cases, I frequently see situations where residents... [Read more]

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Common Signs of Nursing Home Abuse and Neglect

Signs Of Nursing Home Abuse There are a number of different warning signs that could suggest that a nursing home is not providing adequate health care. In many cases, these warning signs will go unnoticed until it is too late. In other cases, these warning signs are simply brushed off by family members and friends. And, in even more cases, these warning signs are hidden behind closed doors. Whatever... [Read more]

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Leaving Nursing Home Resident Unattended Leads to Fall and MDH Finding of Neglect

I noticed a story in the SCtimes paper recently about a Sartell nursing home being cited by the Minnesota Department of Health for leaving a vulnerable adult on the toilet without supervision, leading to a fall with a resulting pelvic fracture. As an attorney who handles nursing home abuse and neglect cases the most frequent form of injury I see in nursing homes and assisted living facilities are fall... [Read more]

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Minnesota Nursing Homes, Assisted Living, Group Homes, Memory Care Units and others Must Keep Residents Safe from Sexual A

Any type of abuse in a nursing home environment is wrong and a crime. Under the Minnesota Nursing Homes Residents Bill of Rights, all residents have the right to “be free from harm, including abuse, neglect and financial exploitation.” Physical abuse is the most common type of abuse in nursing homes but sexual abuse also occurs behind closed doors. No one wants to think that this could be happening... [Read more]

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What are the Wrongful Death Damages in Minnesota Jury Instructions?

DAMAGES IN WRONGFUL DEATH CLAIM ACCORDING TO MINNESOTA J.I.G.s Minnesota CIVJIG 91.75 sets forth the measure of damages in a wrongful death claim in Minnesota. The following is a copy an example of the questions a jury is asked pertaining to what damages – which usually means money should the next-of-kin of the deceased should receive to compensate them for the wrongful death of their family... [Read more]

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Why is a Nursing Home Case in Minnesota considered Medical Malpractice

INTRODUCTION TO MEDICAL MALPRACTICE Why is a claim against a long-term care or home care provider considered medical malpractice? 1. Minnesota Law considers claims against any “medical professionals” to be medical malpractice claims. 2. Claims against a “Health Care Provider” include “a physician, surgeon, dentist, occupational therapist, other health care professionals as defined... [Read more]

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What about the use of “Granny Cams” in Nursing Homes and Assisted Living Facilities

Here is an interesting article on Granny cams’ are catching on as a tool to deter elder abuse by the Star & Tribune, a Minneapolis newspaper. As an attorney who handles nursing home abuse and neglect cases I would find the recording from a Granny Cam to be helpful, but would also want to balance the privacy rights of the resident in the nursing home. Overall I believe knowing the there is... [Read more]

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