According to a story from the Star & Tribune titled:
Nursing home aide stuffed sock in dementia patient’s mouth

The story states:
“An aide at a northwestern Minnesota nursing home crammed a sock in the mouth of a screaming resident because the woman, elderly and in the late stages of dementia, wouldn’t be quiet, according to a state Health Department report released Tuesday.

The report quotes a co-worker as saying, “What the hell are you doing?” as the incident unfolded on Jan. 4 in the resident’s room at the Sunnyside Care Center in Lake Park.

The co-worker told an investigator that the nursing assistant “chuckled” and responded that the resident “wouldn’t quit hollering,” the report added. The co-worker then removed the sock from the resident’s mouth.”
This is an example of completely avoidable and in-execusable neglect, demonstrating a lack of concern for human dignity.

Nursing Homes must learn to treat the vulnerable resident under their charge with the respect they deserve. As an attorney who handles nursing home abuse and neglect cases, I wish I could say this type of incident, reckless and abusive care, is isolated.

Nursing Home Elder Abuse and Neglect Nursing home abuse and nursing home neglect of the elderly and vulnerable in nursing homes and other facilities occurs in many forms. A nursing home lawyer is here to assist your loved ones with holding the wrongdoers accountable. Some types of abuse are obvious such as elder sexual or elder physical assault or financial exploitation. Others forms of abuse and neglect are less noticeable and are often the result of having fewer nursing staff and aides than are needed and required. Staffing and training issues lead to many forms of avoidable neglect such as: falls, pressure ulcers (bed-sores), medication errors, dehydration and malnourishment, urinary tract infections, unsupervised residents wandering or suffering burn injuries and a multitude of other problems. Ken LaBore represents a professional Minnesota Nursing Home Law Firm, which is dedicated to holding nursing homes accountable for providing quality care to residents pursuant to the contracts they sign with the government, Medicare and Medicaid. The nursing home has an obligation to provide the: “highest quality of care practicable”. If you suspect abuse or neglect to any vulnerable adult, please contact the Minnesota Department of Health where you can file a confidential report protecting those unable to do so for themselves.

WHAT SHOULD I DO IF I SUSPECT NEGLECT OR ABUSE If you have reason to suspect that a loved one sustained an injury in a hospital, nursing home or assisted living facility the State of Minnesota Department of Health will investigate the issue upon reasonable suspicion. The first step to resolve the issue is a complaint form which must be filed with the MDH to start an investigation. The MDH Complaint Form is a three page document filed through the Office of Health Facility Complaints (OHFC) through a specified complaint form, which requests a reporting parties name, address and other contact information, the name of whom the complaint is on behalf of, the name and address of the facility, the date of the incident and a narrative statement on what occurred. The form contains a notice called a Tennessen Warning stating that the information you provide on the form may be used in an investigation report, however, your identity is confidential and is not revealed to the general public, except as required by law. The form goes on to give some situations where it may be necessary to reveal your identity to persons in a hearing. Giving your name is optional, but failing to do so may hinder efforts to resolve the problem. For more information and a copy of an OHFC Complaint Form go to: http://www.health.state.mn.us/divs/fpc/ohfcinfo/hfccomplaintform.pdf

Elder Physical and Sexual Abuse:

• Way to avoid Physical and Sexual abuse of the elderly is outlined in a brochure from Eldercare Rights Alliance called: Elder Abuse is a Crime.
• National Citizens’ Coalition for Nursing Home Reform (NCCNHR) provides a free brochure and article on the called: Faces of Neglect.
• The Power and Control Wheel for Elders and People with Disabilities.
• The Types of Elder Abuse and Warning Signs is a brochure and checklist of warning signs to look for to avoid elder abuse produced by Eldercare Rights Alliance.

Elder Financial Exploitation and Abuse:

• Eldercare Rights Alliance materials on Financial Exploitation of the elderly and vulnerable: Theft In Nursing Homes Awareness and Prevention.
• Minnesota Eldercare Rights Alliance, Personal Property Inventory Form, to use upon admission.

Resources for Resident’s and Family of Nursing Homes – Long Term Care Facilities

• Minnesota Nursing Home Residents’ Bill of Rights brochure from Eldercare Rights Alliance
• The Eldercare Rights Alliance has a brochure called Tips for Choosing a Nursing Home
• Center for Medicare and Medicaid Services, CMS, Nursing Home Compare provides the user with assistance in finding a nursing home based upon particular criteria such as the types of care and rehabilitation provided, location and past history of the facility.
• Minnesota Department of Health, Nursing Home Report Card provides a way to compare nursing homes in Minnesota based upon the quality of care provided in the facility as determined by the facility’s survey and complaint history.
• Family Councils are an important way that family and other community members can promote quality care of the resident of nursing homes, complaints made by the family council must be addressed by the facility under penalty with the state surveyors. The Minnesota Eldercare Alliance produced the following brochure on Family Councils.
• The ElderCare Rights Alliance information on the Elder Justice Program which provides training to members of family and resident councils.
• Resident Councils are a direct way for residents to get involved in issues related to the quality of care given to the 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 from neglect 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 L. LaBore, directly please send an email to Klabore@guardianlegalservices.net, or call Ken at 612-767-7503.