St Paul Minnesota Nursing Home Abuse Attorney

St Paul Elder Abuse LawyerThe population of the United States is demographically getting older as new advancements in technology and medicines as allow the elderly to live well beyond their life expectancy. Unfortunately, many family members lack the capacity to provide the needs of senior citizens and instead entrust that care to for-profit nursing facilities and assisted-living homes throughout Minnesota. However, the St. Paul nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC has also seen a significant rise in the number of cases involving neglect, abuse and mistreatment of Minnesota’s most vulnerable citizens.

Many families face the horrific and heartbreaking reality that their loved one is a victim of abuse or neglect while residing in a nursing home. Many of these cases involve dehydration, malnutrition, pressure sores, life-threatening infections, mistreatment, resident to resident assault and unsanitary conditions.

Nearly 300,000 residents live within the St. Paul city limits, of which nearly 27,000 are 65 years and older. This number has risen substantially in the last few years as many elderly individuals choose to remain in Hennepin County throughout their retirement years. With the increasing population throughout the Minneapolis metropolitan area, the cases involving abuse and neglect are likely to increase in the years ahead.

St. Paul Nursing Home Resident Health Concerns

Our Minnesota nursing home attorneys recognize that any form of elder abuse and neglect is inexcusable. We recognize that the only way to ensure that elder abuse is stopped in its track is to confront the abusers and take every step possible to ensure they are held accountable for their unacceptable actions.

In an effort to provide assistance, our Hennepin County elder abuse attorneys continuously examine, review and assess opened investigations, filed complaints, safety concerns and health violations against nursing facilities all throughout the state. We gather this information from national databases including the federal government website Medicare.gov. By publishing this data, we hope to help families who must decide where to place a loved one who requires a high level of quality care.

Comparing St. Paul Area Nursing Facilities

Our Hennepin County personal injury attorneys have compiled and published the list below detailing all of the St. Paul area nursing facilities that currently maintain below standard ratings compared with other homes nationwide. In addition, we have posted our primary concerns that details specific cases at these facilities that have harmed one or more residents through negligence, abuse or mistreatment.

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GOLDEN LIVINGCENTER – LYNNHURST
471 Lynnhurst Avenue West
Saint Paul, Minnesota 55104
(651) 645-6453

A “For-Profit” 72-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Ensure That All Residents Receive Services and Treatment to Continue and Improve Their Ability to Care for Themselves

In a summary statement of deficiencies dated 06/04/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “implement consistent ambulation programs to maintain or improve [each resident] reviewed for ambulation.”

The deficient practice was noted by state surveyor who made an observation of a resident at 6:34 PM on 06/01/2015 when the resident “was seated in a wheelchair by the side of the bed.” At that time, the resident stated: “they don’t walk me to meals or to the bathroom like they are supposed to do.” Again, at 6:34 PM, during the interview, the resident “expressed concern of not walking to meals and the bathroom according to the physician’s orders.”

As a part of the investigation, the state surveyor reviewed the resident’s 03/24/2015 Quarterly MDS (Minimum Data Set) indicating that the resident “had intact cognition and was dependent with ADLs (activities of daily living).”

A review of the resident’s physician’s orders revealed “Walk to the bathroom with standby assist. Will toilet and wipe self. Walked to dining room with a two-wheeled walker and sit in an armchair. Every shift. Physical Therapy: resident will walk 50 feet using front wheeled walker with the assist of one BID (twice a day). Follow with wheelchair every day and evening shift to maintain the ability to walk.”

However, the state investigator conducted an 8:30 AM 06/02/2015 observation noting that the resident “was seated in the wheelchair at the dining room table and did not walk to the dining room for the meal.” A follow-up investigation the next morning at 7:35 AM noted that the resident “was seated in the wheelchair and stated, ‘they did not walk me to the bathroom this morning’.”

The state investigator conducted a 7:40 AM 06/03/2015 interview with the facility’s nursing assistant who provided the resident care. The nursing assistant “verified that [the resident] did not walk to the bathroom and the process was to walk her down the hallway after breakfast.”

During a subsequent 8:00 AM interview on the same day with the Director of Nursing, the Director verified that the resident “was to be walked according to the physician’s orders.”

Our St. Paul nursing home neglect attorneys recognize the failing to ensure that every resident receives services, care and treatment to continue and improve their ability to care for themselves could place their health and well-being in danger. The deficient practice by the nursing staff at Golden Living Center – Lynnhurst might be considered negligence or mistreatment because her actions failed to follow the Aide Assignment Sheet to direct the staff when providing care to the resident that reads in part:

“Restorative walking program: see documentation book and ADL (activities of daily living) sheet and room for cares.”

CREST VIEW LUTHERAN HOME
4444 Reservoir Boulevard Northeast
Columbia Heights, Minnesota 55421
(763) 782-1611

A “Not for Profit” 122-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Develop, Implement and Enforce Policies to Prevent Abuse, Neglect or Mistreatment of Residents

In a summary statement of deficiencies dated 09/03/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “provide training on abuse prevention prior to working with residents.” The deficient practice by the nursing staff at Crest View Lutheran Home involved “six employees reviewed for abuse prohibition.”

The deficient practice was noted by state investigator upon review of employee files that revealed one employee was hired by the facility on 05/05/2015, beginning work on the following day and working alone for the first time 22 days later on 05/27/2015. However, the surveyor notes that the resident did not sign off on receiving Abuse Prevention Identification Training until one month later on 06/25/2015.”

On a second hire, another employee was hired on 08/04/2015 with the first day of work beginning that day and the first time working alone four days later on 08/08/2015. However, it was not until 11 days later on 08/19/2015 that the resident signed off on receiving the Abuse Prevention and Identification Training.

On 08/31/2015, the third employee signed the facility’s Nursing Safety Employee Orientation Checklist. However, the state investigator noted that there was a lack of documentation “showing abuse training was provided.”

The investigator conducted a 9:30 AM 09/03/2015 interview with a Registered Nurse the facility who stated, “I do train new employees on definitions of abuse on the first day, but it does not say it here (referring to the Nursing Safety Employee Orientation Checklist).” The Registered Nurse also stated that “the material covered reporting injuries – including a change in status to the nurse and how to do that […and] the training was not in depth, but employees, I tell them what abuse looks like and that they have to report it. I do not use the word mandatory.”

The state investigator also noted that the Registered Nurse being interviewed confirmed that one of the employees listed above “had not received abuse in-service training yet, and [that a fourth employee] no longer was employed by the facility but had also not received the training.”

An Interview with the Facility’s Director of Nursing “described what was covered with employees on their first day” as was covered in the “Nursing Safety Employee Orientation Checklist that included reporting falls, skin tear bruises, and resident disclosure of unknown falls injury.” The Director of Nursing also verified the checklist “did not indicate abuse reporting was covered […and] was unsure if employees were provided the packet on their first day, but acknowledged, most likely did not read it when handed it.”

The Director of Nursing had the “expectation that staff receives orientation including abuse prior to working with residents on the floor. Although she may have expected persons just finishing school to know about abuse, she would not have expected maintenance, dietary or housekeeping staff to know about abuse prior to being hired. How would they know that? It would be employers job to teach that.”

The investigator conducted an interview at 2:27 PM on 09/03/2015 with the facility Administrator who stated, “I expected staff to be trained on abuse immediately at orientation. My expectation is everyone we have on the floor would have an understanding of the vulnerable adult act, including maintenance and dietary […and] verified abuse was not listed on the Nursing Safety Employee Orientation Checklist, but would have expected it to have been.”

Our Columbia Heights nursing home abuse attorneys recognize that failing to develop, implement and enforce policies that prevent abuse and neglect from occurring could place every resident in Immediate Jeopardy. The deficient practice of failing to train new employees how do identify and report incidences of abuse, neglect or mistreatment might also be considered negligence or abuse because their actions failed to follow the facility’s September 2014 policy title: Abuse Prohibition Policy that reads in part:

“All facility staff will be in-serviced upon first employment, and at least annually thereafter, regarding Resident’s Rights, including freedom from mistreatment, neglect or abuse, including injuries of unknown source, and misappropriation of property. Staff will be in-serviced on resident mistreatment, neglect and abuse including injuries of unknown source and misappropriation of property upon first employment and annually thereafter.”

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TEXAS TERRACE CARE CENTER
7900 West 28th Street
Saint Louis Park, Minnesota 55426
(952) 920-8380

A “For-Profit” 118-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Follow Procedures and Protocols When Reporting and Investigating Any Action or Alleged Action of Abuse, Neglect or Mistreatment of Residents

In a summary statement of deficiencies dated 09/17/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “ensure resident allegations of abuse/neglect/mistreatment were reported immediately to the State Agency and investigated.” The deficient practice by the nursing staff at Texas Terrace Care Center involved two residents “who reported allegations of staff mistreatment.”

In addition, the state investigator handling the complaint noted the facility’s failure “to ensure bruising of unknown origin was immediately reported to the state agency and investigated for [a resident at the facility] reviewed with bruising of an unknown origin.”

The deficient practice was noted by the state investigator after reviewing a resident’s Quarterly MDS (Minimum Data Set) that “identified the resident had no cognitive impairment and was independent with ADLs (activities of daily living).”

The state investigator also reviewed the facility’s 05/06/2015 Resident Concern Report indicating that “Nursing Aides [were] being disrespectful to [the resident] in the dining room. Gives examples of [the Nursing Aides] serving her spaghetti and when she told him she was allergic to it they responded, ‘if you die, you die’.” The resident was unable to identify who stated this to her. The resident reports most issues are with evening nursing aides. Reports being frustrated and not wanting to come out to the dinner meal. [The resident] stated she did not come out for dinner yesterday.”

The state investigator conducted 11:25 AM 09/17/2015 interview with the facility’s Director of Nursing who stated that “she was not aware why [the resident’s] alleged staff mistreatment was not reported, or why it was not investigated until 20 days after the allegation was made by [the resident] and verified [the resident’s] allegation should have been reported to the State Agency and investigated.” In addition, the Director of Nursing stated that “she would talk to the nurse manager and obtain more information.”

The Director of Nursing also provided the state surveyors an untitled handwritten document dated and signed by the Administrator on 09/17/2015 in regards to the resident’s “allegation of staff mistreatment on 05/26/2015. The document identified [that] the Administrator [had spoken to the resident and questioned] if she remembers any problems with the dietary aides, she said, ‘Nope, can’t remember’.”

The Administrator asked the resident “if anyone in dietary hurt her feelings [or] was rude.” The resident replied, “she can’t remember. Resident obviously did not have long-standing mental anguish resulting from resident concern. The Administrator uncertain why [the] investigation was not documented more thoroughly. Leadership change did occur in the dietary department on 07/01/2015. [The Administrator’s] best guess is that either documentation has been lost or the Registered Dietitian immediately unsubstantiated [the] report of ‘if you die, you die’.”

Our St. Louis Park nursing home abuse attorneys recognize that failing to follow procedures and protocols when reporting and investigating any action or alleged action of abuse could place the health and well-being of the resident in Immediate Jeopardy. The deficient practice by the Administrator and nursing staff at Texas Terrace Care Center might be considered additional abuse or mistreatment because their actions failed to follow the facility’s July 2015 policy title: Prevention and Reporting: Resident Mistreatment, Neglect, Abuse, Including Injuries of Unknown Source and Misappropriation of Resident Property reads in part:

“All allegations of resident mistreatment will be reported to the State Agency immediately, and staff is directed to report all alleged violations to the Executive Director (Administrator) and Director of Nursing/designee immediately.”

HAYES RESIDENCE
1620 Randolph Avenue
Saint Paul, Minnesota 55105
(651) 690-4458

A “For-Profit” 40-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Maintain a Safe, Clean and Sanitary Environment for All Residents, Public and Staff Employees

In a summary statement of deficiencies dated 12/30/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “ensure residents rooms, bathrooms and bathing areas were maintained in a clean and sanitary manner.” The deficient practice by the nursing staff and employees at Hayes Residence affected 39 residents [all residents at the facility].”

The deficient practice was noted by state investigator after 30 interviews and observations “occurring on 12/20/2015 from 2:00 PM until 7:30 PM and again on 12/29/2015 from 8:00 AM until 11:00 AM.” These observations and interviews involved “residents’ rooms, toileting areas and bathing areas that were unsanitary and malodorous areas identified.

The surveyor conducted an environmental tour of the facility at 1:00 PM on 12/29/2015 with the facility’s Maintenance Supervisor. The tour included the bathing areas. As a part of the tour, it was revealed that one shower room “had a heavy buildup of brown debris, sand, particles, here behind the door and along the edges the flooring.”

It was also noted that a tub room “had a heavy accumulation of dust on the heat register, windowsill, window vertical blinds and floor moldings as well as along the floor edging had an accumulation of dry dark substances with sand and hair particles. There was an accumulation of a white substance on the top water spigots and guard ring. There were numerous dried splatters of tan/brown/yellow substances on the wall.” That area also had a “resident call light string/cords were not on a cleanable surface and they were discolored dark yellow and brown and areas of the string material.”

The investigator also noted that Room M3 “had a chair that had chipped away paint and was rusted in numerous areas with dark rust color on the frame of the chair and multiple areas of duct tape on the chair pad. The tub lift in [that room] was dusty, visibly soiled with the dried, dark substance and there were rusty appearing dark areas on the underside of the seat and attachments to the mechanical lift tub chair.”

As a part of the initial tour, it was noted that many residents’ and public shared toilet/bathroom areas that have foul odors present and heavy buildups of brown debris, sand, particles, here behind the door and along the edges of the flooring.”

Investigator conducted a 1:00 PM 12/30/2015 interview with the resident who “express living at the facility for years and never having the bed frame washed nor having the carpet vacuumed behind and under the furniture in all the years living at the facility.”

The Maintenance Supervisor was interviewed at 1:30 PM on the same day and “verify there was not a system to monitor or document the cleaning of rooms, toileting/bathing areas, bed frames, windowsills, heat registers, or any other area of the facility. There was not a policy and procedure for cleaning the facility and there was not a checklist for deep cleaning of the resident rooms in the facility.”

The state survey team requested policies and procedures for auditing deep cleaning and general cleaning of the resident’s bedrooms, window treatments, bed frames, heat registers, vents, bathing/tub rooms and toileting rooms. However, no policies or procedures were given to the survey team at the conclusion of the survey.

Our St. Paul nursing home neglect lawyers recognize that any failure to maintain a clean, safe and sanitary environment could place the health and well-being of residents, visitors, staff employees and others in jeopardy. The deficient practice by the cleaning staff, Maintenance Director and Administrator at Hayes Residence might be considered negligence or mistreatment of the residents.

GOLDEN LIVINGCENTER – ST LOUIS PARK PLAZA
3201 Virginia Avenue South
Saint Louis Park, Minnesota 55426
(952) 935-0333

A “For-Profit” 208-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Ensure That Every Resident Receives Proper Treatment to Allow an Existing Bedsore to Heal or Prevent a New Bedsore from Developing

In a summary statement of deficiencies dated 08/14/2015, a complaint investigation was opened against the facility for its failure to “ensure a resident identified with a coccyx/sacral pressure ulcer received every other day physician order treatment.” The deficient practice by the nursing staff at Golden Living Center – St. Louis Park Plaza affected one resident at the facility.”

The complaint investigation involved a review of a resident of hospice medical records that indicated the resident “was usually able to make his needs known would occasionally use the call light […and] did have moderate cognitive impairment and did have a guardian in place.” The documentation also revealed that the resident “required extensive to total assistance with bed mobility, transferring, dressing, eating, toileting, personal hygiene and bathing.”

A review of the resident’s Comprehensive Skin Assessment indicated that the resident “was at high risk for pressure ulcer development.” In addition, the resident’s current 12/25/2015 Care Plan indicated that the resident “had a current pressure ulcer on his coccyx/sacrum/buttocks region and was to receive treatments as ordered.”

In addition, the state investigator reviewed the resident’s 06/21/2015 Wound Evaluation Flow Sheet indicating that the resident had a “Stage III [full thickness tissue loss] deep tissue injury to the coccyx/sacral area [that] measured 6.0 centimeters by 3.0 centimeters by 0.1 centimeters.”

The following day on 06/22/2015, “the physician ordered a coccyx wound treatment… to be cleaned with normal saline and patted dry. Apply skin barrier film to intact skin peri-wound and allowed to dry. Cover wound with foam adhesive. Change every other day as needed until resolved. To be completed on the day shift.”

Approximately one month later on 07/24/2015 the resident’s pressure ulcer had grown in size and now measured “10.0 centimeters by 10.0 centimeters, which was unstageable (full thickness tissue loss in which actual depth of the ulcer is completely obscured by slough (yellow, tan, gray, green or brown) and/or eschar (tan, brown or black) in the wound bed).”

The investigator reviewed the resident’s June 2015 treatment record documenting that the coccyx wound treatment was not completed on numerous days between 07/03/2015 and 07/15/2015. “This was verified by the [facility’s Director of Nursing].”

A 7:00 AM 08/04/2015 interview with the facility’s Licensed Practical Nurse providing care to the resident it was revealed that “she did not complete [the resident’s] coccyx treatment on 07/13/2015 because she did not have time.” Licensed Practical Nurse also “stated when they are working without a trained medication aide, it gets really crazy a lot of the time.”

The state investigator conducted an interview three days later on 08/07/2014 with the facility’s Director of Nursing who stated that “the nurses who had not documented the coccyx treatment were disciplined […and] if the treatment was not documented, it was not done.”

The state investigator conducted a 2:19 PM 08/10/2015 interview with the Licensed Practical Nurse who stated: “she had been employed for about eight weeks […and] she was not fully oriented to the computer system for documenting resident treatments.” Licensed Practical Nurse also stated that “she was only given four days of orientation and she should have had more orientation […and] she was not sure how many coccyx treatment [the resident] missed as she was not aware of the area until a nursing assistant told her about it.”

During that interview, the Licensed Practical Nurse also stated that “there were many times when she was the only nurse for 30 residents […and] stated that the trained medical aide scheduled was split between two units and there was no other nursing staff available.”

Our St. Louis Park nursing home neglect lawyers recognize that not providing proper treatment to residents with developed pressure ulcer could cause a significant decline in their health and well-being. The deficient practice by the nursing staff at Golden Living Center – St. Louis Park Plaza might be considered negligence or mistreatment because their actions fail to follow the facility’s undated policy title: Skin Integrity Guideline “whose purpose was to decrease pressure ulcers and or wound formation by identifying those residents who are at risk and implementing appropriate interventions. The Care Plan is also to be implemented.”

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NEW BRIGHTON CARE CENTER
805 Sixth Avenue Northwest
New Brighton, Minnesota 55112
(651) 633-7200

A “For-Profit” 57-certified bed Medicaid/Medicare-participating facility

Overall Rating – 1 out of 5 possible stars

1 star rating

Primary Concerns –

Failure to Ensure That All Residents Remain Free from Physical Restraints Unless Medically Appropriate

In a summary statement of deficiencies dated 12/03/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “comprehensively assess and obtain a physician’s orders.” The failure by the nursing staff at New Brighton Care Center affected one resident at the facility.

The deficient practice was noted by a state investigator who reviewed a resident’s 14 day MDS (Minimum Data Set) identifying that the resident “had had one fall since admission, no physical restraints, and severe cognitive impairment.”

The state investigator also reviewed the resident’s 10/29/2015 Care Plan indicating “a fall prior to admission and at the facility, remained a high risk for falls related to Alzheimer’s and impulsiveness. The Care Plan identify the intervention of a self-release alarm seatbelt in a wheelchair to alert staff of self-transfer attempts.”

The resident’s 11/02/2015 Multi-Disciplinary Progress Notes indicate that the “safety belt engaged and fit/use per facilities policy.” It was also revealed in the Progress Notes that the resident’s “record did not include an assessment and a physician’s orders for the use of [restraints].”

The state investigator then conducted a 12:19 PM 12/03/2015 interview with the facility consultant who verify that the resident’s “record failed to include an assessment for the use of a self-release alarm seatbelt on [the resident’s] wheelchair.” The Assistant Director of Nursing was also present at this interview and “stated she did not remember the use of a self-release alarm seatbelt on [that resident’s] wheelchair.”

During the same interview, the facility’s Director of Nursing also verified the content of the resident’s 11/29/2015 Care Plan and 11/02/2015 Multi-Disciplinary Notes. During that meeting, the Director of Nursing’s stated that “she did not remember the use of a self-release alarm seatbelt on [the resident’s] wheelchair […and] verify that the resident’s record failed to include a physician’s orders for the use of [restraints and that she would] expect to be notified right away when the self-release alarm seatbelt had been placed on [the resident’s] wheelchair.”

The Director of Nursing also stated that “an assessment should have been done at the time the self-release alarm seatbelt had been implemented and should have been monitored for effectiveness […and] stated she did not know why the self-release alarm seatbelt was placed on [the resident’s] wheelchair.”

Our new Brighton nursing home abuse attorneys recognize the failing to follow procedures and protocols to ensure that every resident remains free from physical restraints unless medically appropriate might be considered a form of abuse. The deficient practice by the nursing staff at New Brighton Care Center also failed to the follow the facility’s undated policy title: Restraints (physical) that reads in part:

“Staff is to assess resident’s need for restraint use, obtain informed consent for restraint use, and obtain a physician’s order for the restraint.”

MISSION NURSING HOME
3401 East Medicine Lake Boulevard
Plymouth, Minnesota 55441
(763) 559-3123

A “Not for Profit” 97-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Ensure That Every Resident Has the Ability to Make Immediate Contact with the Nursing Staff to Maintain Their Health and Well-Being

In a summary statement of deficiencies dated 04/16/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “maintain a working call light for [a resident at the facility] on the second floor south unit, whose call light was not working.”

The deficient practice was noted by state investigator reviewed a resident’s Quarterly MDS (Minimum Data Set) that reveal that the resident had Alzheimer’s dementia and had severely impaired cognition.” A call light use and safety data collection and analysis form dated 02/14/2015 indicates that [the resident] did not seem to understand call light systems.” Additional analysis included that the staff “should still keep a call light within reach, as [the resident’s] function seem to fluctuate.”

The state investigator observed the resident at 8:17 AM on 04/14/2015 while in the presence of a Registered Nurse providing the resident care. During the observation, “the call light button switch next to [the resident’s] bed would not activate the call light. The call light was not working.”

The state investigator conducted an interview at 8:17 AM on 04/14/2015 with the Registered Nurse who stated that the resident’s “call light should be going, and it should be functional […and] said that [the resident] sometimes used his call light, but that he still needed to have it available.”

A subsequent 1:58 PM interview on 04/16/2015 with the facility’s Maintenance Assistant revealed that “there were some routine equipment checks in the nursing home, like the electric generator, emergency power, and the boilers, and the temps, that gets checked every day.” During the interview, the Maintenance Assistant “said he only checked call lights while in the resident’s room, if I was there, fixing something else, and that he typically responded to requests from nursing that a call light was not working.”

The Maintenance Assistant also said, “Maintenance was responsible for the call lights, but that anyone, nurses’ aides, housekeeping could check lights when they’re in resident’s rooms […and] ‘Right now, we do not have a routine schedule where we check all the call lights’.”

The state investigator conducted a 3:15 PM 04/16/2015 interview with the facility’s Director of Nursing who stated “a review of call lights was one of the tasks of the Safety Committee that was currently being addressed […and] he thought there should be a regular check of call lights to make sure they are functioning […and thought] this would be a good safety directive.”

The state surveyor requested a facility policy regarding the use and maintenance of resident call lights. However, none was provided.

Our Plymouth nursing home neglect attorneys recognize that failing to ensure every resident has the ability to contact the nursing staff immediately through a call light could place their health and well-being in jeopardy. The deficient practice by the nursing staff, Maintenance Director, maintenance assistants and others at Mission Nursing Home might be considered negligence or mistreatment.

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GOLDEN LIVINGCENTER – LAKE RIDGE
2727 North Victoria
Roseville, Minnesota 55113
(651) 483-5431

A “For-Profit” 175-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Provide Care and Treatment to a Resident to Allow an Existing Bedsore to Heal or Prevent a New Bedsore from Developing

In a summary statement of deficiencies dated 10/23/2015, a notation was made by a state investigator during an annual licensure and certification survey concerning the facility’s failure to “ensure [one resident at the facility] who is at risk for pressure ulcers receive the necessary care and treatment to prevent pressure ulcers.”

The deficient practice was noted by state investigator after it was observed that a resident “did not have a position change on 10/19/2015 for three hours and 45 minutes and on 10/21/2015 [the resident] did not have a position change for three hours and 30 minutes and acquired a new open area [measuring] 1.8 centimeters by 2.5 centimeters in size to the right sacrum [area].”

In addition, the state investigator reviewed the resident’s Quarterly MDS (Minimum Data Set) revealing that the resident’s “cognition was moderately impaired, was able to make needs known and was at risk for development of pressure ulcers. There were no unstageable skin issues and no pressure ulcers identified [at the time of the assessment].”

The investigator also reviewed the resident’s 08/26/2010 Plan of Care that “directed assistance of one or two assist to turn/reposition every hour per request and as needed.” In addition, the 03/20/2015 Plan of Care for Pressure Ulcer revealed: “encourage to offload every two hours. Provide pressure reducing wheelchair cushion. Provide pressure reduction; relieving mattress.”

The state investigator observed the resident at 5:06 PM on 10/19/2015 while “lying in bed, supine with the head of the bed elevated 20 degrees. When interviewed, [the resident] expressed buttock pain and being in the same position since shortly after lunch. Surveyor turned on the call light for assistance and at 5:13 PM, [a nursing assistant] was informed [that the resident] was complaining of buttock pain and wanted to change position.”

“During an interview at this time [the nursing assistant] validated last cares and a position change for [the resident] was at 1:40 PM, and [that the resident] was left in the supine position.” At that time, the nursing assistant also verified that the resident “did not have a position change for three hours and 45 minutes. At 5:25 PM, [the resident] was positioned in the wheelchair with the use of a mechanical stand […and] did not bear body weight.”

A subsequent observation of the resident occurred at 6:31 PM the same day while the resident was “in the dining room […and] leaning to the left side in a specialty wheelchair. There was no documentation or assessment in [the resident’s] medical record to reference this complaint of buttock pain.”

Once again, the resident was observed at 6:30 AM on 10/21/2015 while “lying in bed, supine at the head of the bed elevated 20 degrees [… while] watching television and waiting to get up for the day. When interviewed, [the resident] expressed wanting to get up because of having buttock pain […and] verified it was the same buttock pain discussed during the interview [2 days prior].”

At that time, the resident said “he did not have a position change during the night and [was] not sure when positioning occurred on nights. At 6:59 AM, [the nursing aide] assisted the resident with morning cares.” About 11 minutes later at 7:10 AM, the resident “was turned to the right side […and] was incontinent of bowel […and] was not incontinent of urine due to a suprapubic catheter.”

At that time, the resident “did not know what time he was incontinent of bowel. There were numerous deep red creases, wrinkling and crevices to the skin surrounding posterior thighs and buttocks and an open quarter-size wound was observed higher up closer to the right sacral area which was not affected by the bowel incontinence.” At that time, the nursing aide “was not aware of the open area and left the room to get the nurse.”

The Registered Nurse “measured the wound documented on the facility form dated 10/21/2015.” The documentation on the Wound Evaluation Flow Sheet shows the wound to be “on right buttock with a measurement length of 1.8 centimeters and width of 2.5 centimeters.”

“During continuous observation of the resident on 10/21/2015, at 10:53 AM [a registered nurse informed the resident that] the aide was on break, but they would find another staff member to assist. At 11:15 AM, [the resident] was transferred (three hours and 30 minutes without a position change after getting up at 7:45 AM).”

Our Roseville nursing home neglect attorneys recognize that failing to provide required turning and repositioning for a resident suffering from bedsores could cause the pressure sores to degrade to a life-threatening condition. The deficient practice by the nursing staff at Golden Living Center – Lake Ridge might be considered negligence or mistreatment because their actions failed to follow established procedures and protocols enforced by both state and federal nursing regulations.

NORTH RIDGE HEALTH AND REHABILITATION CENTER
5430 Boone Avenue North
New Hope, Minnesota 55428
(763) 592-3000

A “For-Profit” 351-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Ensure That All Residents Receive Services, Care and Treatment to Both Continue and Improve Their Ability to Care for Themselves

In a summary statement of deficiencies dated 06/05/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “act upon a physician’s orders for a physical and occupational therapy evaluation and treatment.” The failure by the nursing staff at Northridge Health and Rehabilitation Center affected one resident at the facility “reviewed for ambulation.”

The deficient practice was noted by state surveyor after reviewing a resident’s MDS (Minimum Data Set) indicating that the resident “had memory loss, impaired decision-making skills, required limited assist with walking and transferring, uses a walker and wheelchair for mobility.” In addition, the MDS (Minimum Data Set) noted that the resident “was totally dependent on two staff for transfers and was non-ambulatory […and] had impairment of range of motion on one side and lower extremity and used a wheelchair.”

A review of the resident’s 05/29/2015 ADL (activities of daily living) Care Area Assessment indicated the resident “was at risk of functional decline due to complications of immobility such as contractures, incontinence and depression […and that the resident] had physical limitations consisted of weakness, limited range of motion, poor coordination, poor balance, visual impairment and pain.”

A review of the resident’s 02/14/2015 Fall Report noted that the resident “had gait imbalance, impaired memory, noncompliant, weakness/fainted and had ambulated without assistance.” The resident’s Medical Record indicated that the resident sustained injuries on 02/14/2015 and was to receive physical therapy and occupational therapy services.

On 05/19/2015, there was a physician’s order that the resident [was to] receive a re-x-ray of the hip for healing. The following day, the “physical therapy and occupational therapy order was clarified with an okay for full weight-bearing. However, the order was never received in the physical therapy and occupational therapy department.”

An observation of a nursing assistant was made at 8:10 PM on 06/03/2015 while wheeling the resident “to the bathroom.” At that time, two nursing assistants were observed transferring the resident onto the toilet and when the resident “was done using the toilet, both [nursing assistants] were observed to transfer [the resident] back into the wheelchair and wheeled her out of the bathroom.”

The following day at 11:10 AM, the Registered Nurse verify that the resident “had a physician’s orders for physical therapy to evaluate and treat.” However, Registered Nurse “was unable to find any additional information in [the resident’s] medical records as to whether the order was fully processed or not. That same morning at 11:30 AM, the Physical Therapist “stated there was some miscommunication and physical therapy had not evaluated [the resident], but would get right on it.” The following morning at 8:45 AM on 06/05/2015, the Physical Therapist stated that the physician’s order of 05/18/2015 to evaluate and treat the resident “should have been completed the day it was written or the next day.”

An interview was conducted at 9:33 AM on 06/05/2015 with the facility’s Assistant Rehabilitation Director who stated that “she never got the 05/18/2015 physical therapy Evaluate and Treat order for [the resident and stated that] nursing should have faxed the order to the therapy department and the order was never received. She stated she was aware [that the Physical Therapist] had left questions for [the resident’s] physician to answer during rounds and she had been looking in the computer system for the next couple days for the physician’s response. However, by the next week, she stated she forgot about [the resident’s] case.”

The investigator interviewed the Director of Nursing and Administrator 3:15 PM on 06/05/2015 where the Director stated that “they would expect the Physical Therapist to evaluate and treatment to be acted on that day or the next. The Administrator stated it sounded like a mix up had occurred.”

Our New Hope nursing home neglect attorneys recognize that failing to ensure that every resident receives care, services and treatment that can improve or continue their health or ability to care for themselves could diminish their quality of life. The deficient practice by the nursing staff and Administrator at Northridge Health and Rehabilitation Center might be considered negligence or mistreatment.

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THERESE HOME
8000 Bass Lake Road
New Hope, Minnesota 55428
(763) 531-5000

A “Not for Profit” 258-certified bed Medicaid/Medicare-participating facility

Overall Rating – 2 out of 5 possible stars

2 star rating

Primary Concerns –

Failure to Provide Care to Residents to Ensure Their Dignity and Respect of Individually Is Built or Maintained

In a summary statement of deficiencies dated 07/01/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “provide cares to [a resident] in a respectful manner during nursing cares, maintaining the resident dignity.” The failure by the nursing staff at Saint Therese Home affected one resident at the facility.

The deficient practice was noted by a state investigator who recognized that a resident “was not provided privacy during toileting, and during observation of video recording of cares had items thrown at her during an observation of the bath staff and staff were observed to be using cell phones during seven observations of interactions and cares.”

The state investigator also reviewed the resident’s medical records that noted that the resident has “difficulty communicating due to [their] difficulty with speaking, understanding and hearing.”

The surveyor also noted that “hidden video surveillance provided by family member contain video but no audio recording […and that] the recording was observed on 06/29/2015 captured [the resident] interacting and receiving care on several dates.”

The video captured a nursing aide providing care to the resident in the resident’s room at 11:23 AM on 06/21/2015 when the resident “was nude in bed.” At that time, the nursing assistant “throws a towel at [the resident] which hits [the resident] in the face and partially covers [the resident’s] face.” In response, the resident “picks up the towel and throws it back at [the nursing assistant who then] balls up the towel and throws it forcefully at [the resident’s] face.” In response, the resident “tries to cover her exposed body with the towel.” At that point, a Licensed Practical Nurse “enters the room and completes [the resident’ is] care [before the nursing assistant and Licensed Practical Nurse transfer the resident] to a wheelchair.”

Another video documents a nursing assistant in the resident’s room at 8:54 PM on 06/10/2015. In this video, the nursing assistant is seen “on her personal cell phone [… while the resident] is sitting in a wheelchair. Five minutes later at 8:59 PM, [the nursing assistant] remains on the cell phone. No care is provided to [the resident] during this time.”

The video then shows the resident “reaches for something from her bedside table and [the nursing assistant pushes the resident’s] hand away, preventing [the resident] from obtaining anything from the bedside table [the nursing assistant] continues with the personal cell phone call.”

In the same video at 9:02 PM, the nursing assistant assists the resident “from the wheelchair to a standing position.” At that point, the nursing assistant holds onto the resident’s “pajama bottoms to maintain [the resident’s] balance rather than using a transfer belt to ensure [the resident’s] safety. At 9:05 PM, [the resident] reaches for a glass of water from the bedside table and [the nursing assistant] jerks the water glass out of the resident’s hand in an abrupt manner. [The resident] begins crying.”

The following evening at 9:00 PM on 06/19/2015, two nursing aides are in the resident’s room “both on personal cell phones [… while the resident] is sitting in a wheelchair.” At this time, no one provides care to the resident. 12 minutes later at 9:12 PM, the resident “transfers herself from the wheelchair to bed, while both staff members are standing in [the resident’s] room, uninvolved with [the resident].” At this time, the resident “stumbles during the self-transfer and almost falls then she plops herself down on the bed and leans significantly to the side, which [the resident] self-corrects.”

Two minutes later at 9:14 PM, both staff are still on cell phones and neither has assisted [the resident] with any care. At 9:16 PM, [one nursing assistant] is standing in front [of the resident’s] wheelchair shaking her index finger at [the resident] in a scolding manner.”

In a different video at 8:35 AM on 06/11/2015, [a nursing assistant] “is observed standing by the bedside with a cell phone [… while the resident] is lying in bed. The staff puts the cell phone in a pocket but is wearing a headset throughout the morning cares until 8:52 AM and is observed talking into the headset microphone several times while [the nursing assistant] had her back to [the resident] during cares.”

In a different video on 06/17/2015 from 8:16 AM through 8:27 AM, [a nursing assistant] “is observed in [the resident’s] room, talking on a cell phone while getting items ready for cares, and intermittently either checks the phone screen or makes a call on the phone during morning cares for [the resident]. During this time, [the resident] is left alone and [the nursing assistant’s] back was to [the resident] while on the phone.

The state investigator conducted an interview with the facility’s Director of Nursing and Administrator on 06/25/2015 at 7:30 AM. It was stated during the interview “that staff on a cell phone while interacting with residents are giving cares in the rooms was a violation of facility policy.” That afternoon at 4:35 PM, every shift floor nurse was interviewed. During that time, Licensed Practical Nurse stated that “staff was not permitted to have their personal cell phones while working on the unit or in resident rooms, cell phones were only to be used off the unit on the employees’ own time.”

A different Licensed Practical Nurse stated at 5:00 PM on 06/25/2015 “that cell phones were not allowed and she had never seen a nursing assistant or nurse on a cell phone when she was supervising resident cares.” A review of the facility’s January 2015 Employee Handbook notes that “employees are not to wear or use personal pagers or cell phones during work time/or in work areas.”

Our New Hope nursing home abuse attorneys recognize the failing to follow procedures and policies to ensure that all resident’s dignity and respect of individuality is maintained or enhanced could diminish the resident’s quality of life. The failure by the nursing staff at Saint Therese Home could be considered abuse, mistreatment or negligence.

A Substandard Level of Care

Nursing homes are required by law to maintain every facet of their facility to ensure that the residents are provided a safe, clean and healthy environment. However, investigations handled by state and federal agencies reveal that more than nine out of every 10 nursing facilities throughout the United States have at one point violated safety and health standards set forth by the federal government.

Many families are unaware that a loved one is actually receiving a substandard level of care. In many incidences, the caregivers will describe a decline in a resident’s health and well-being as a natural occurrence of growing older or part of the recovery process. However, common warning signs and symptoms that mistreatment, neglect and abuse are occurring in the facility will involve:

  • Unexplained cuts, bruises, burns and lacerations
  • Any bedsore (pressure sore; decubitus ulcer; pressure ulcer) that was acquired after the resident was admitted to the facility
  • Poor hygiene or unsanitary conditions
  • Stained undergarments, genital infections or venereal disease that might be the result of sexual abuse
  • An unexplainable sudden loss of weight
  • A change in the resident’s behavior and actions that might include violent outbursts
  • Injuries that are the result of a lack of supervision leading to a fall
  • Medication error
  • Failure of the nursing staff to follow a physician’s orders
  • Missing personal belongings
  • Financial exploitation that might involve unexplained financial withdrawals from the resident’s accounts

If you have any suspicion that your loved one is suffering from neglect, mistreatment or abuse in a nursing facility, it is imperative to notify the proper authorities immediately. Taking action against the wrongdoers is the only way to ensure they are held accountable for their unacceptable behavior or action. Many family members choose to hire a personal injury attorney to help them seek justice and file a case for compensation.

Hiring a Lawyer

The St. Paul nursing home of abuse attorneys at Rosenfeld Injury Lawyers LLC take every step necessary to ensure that your loved one’s rights are protected. That protection might include transferring them to another facility and bringing in a specialized medical team to ensure they receive proper equipment from skilled professionals. In addition, our Minnesota elder abuse law firm has immediate access to all necessary resources to investigate the claim, gather evidence, speak to eyewitnesses and build a case for financial recompense.

We urge you and your family to contact our Hennepin County elder abuse law offices by calling (888) 424-5757 today to schedule your free, no obligation recompense case evaluation. All personal injury cases, wrongful death lawsuits and nursing home abuse claims are accepted through a contingency fee arrangement. This provides you immediate representation and various legal options without an upfront payment.

 

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For additional information on Minnesota laws and information on nursing homes look here.

If you are looking for information on a specific facility or an attorney, please see links below to respective locality pages.

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