Lawyer Resources for Minnesota

Attorneys Representing Injured Red Wing Health Center Residents

At least twice throughout the year, every nursing facility in the United States undergoes routine scheduled surveys and investigations conducted by inspectors for Centers for Medicare and Medicaid Services (CMS) and state nursing home agencies. On average, every nursing facility will have 5 to 7 violations identified by the inspectors that must be corrected nearly immediately to ensure the well-being and safety of the residents. If the violation is serious and causes significant harm, or could cause significant harm, to a resident, visitor or employee, the nursing home might be required to pay a fine to continue operating.

In serious cases where CMS identifies dangerous and hazardous conditions, the federal agency will add the nursing home to a Federal watchlist and designate the place as a Special Focus Facility (SFF). This designation identifies the nursing home as a facility that provides health care services much below the national average at unacceptable levels. The healthcare center is given some time to make major corrections and develop better policies and procedures to ensure these changes are permanent.

Minnesota Senior Care FacilityA recently-released Minnesota State Health Department report revealed new information about a questionable choking death in a Mahnomen nursing home. According to the report, 82-year-old Keith H. Johnson was a resident of the Mahnomen Health Center, when he was served a deadly meal of solid foods on Dec. 13, 2010. The decision to serve solid foods clearly violated Johnson’s doctor’s orders, which said he was only to eat pureed meals. Johnson, who suffered from Alzheimer’s, had a documented history of eating too fast and choking. Shortly after being served a sandwich, Johnson began to cough When two attempts at the Heimlich maneuver failed, Johnson was hospitalized, and died six days later from cardiac arrest.

“We regret the tragic incident that occurred,” said Mahnomen’s director of nursing, Rachel Tuenge, who declined to discuss specifics with reporters. “We investigated the incident fully on the day it happened, and made the necessary changes to our policies.”

A nurse who was involved with incident said she’d seen Johnson eating other types of food – namely cookies and bread – so she “thought that the resident could eat regular consistency food.”

“When planning for a year, plant corn. When planning for a decade, plant trees. When planning for life, train and educate people.” – Chinese Proverb

At employee at St. Anthony Health Care Center in St. Paul, MN failed to follow these words of wisdom when she failed to follow the fall precautions set for in a patients care plan.  An investigation into the matter, revealed that the nursing home employee’s errors contributed to the patient’s death.

Failure To Implement Fall PrecautionsA Department of Health investigation into the matter cited the employee for neglect when she made the following errors:

iStock_000003478127XSmallA report issued by the Minnesota Department of Heath has cited White Community Hospital and Nursing Home (Minnesota) for errors made by a nursing assistant during the transfer of a patient out of her bed.

The incident occurred when the CNA attempted to transfer a disabled patient from their bed to a wheelchair using a sling. During the transfer, the patient was dropped.  The patient suffered a broken arm and leg which contributed to their death two days later.

Specifically, the department of Minnesota health report and the facilities own investigators determined that the CNA’s errors caused the patient’s injuries and subsequent death.  In particular, the CNA  and nursing home failed to:

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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric