St Paul Minnesota Nursing Home Abuse Attorney - Part 2

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 stars 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.

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 stars 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 stars 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.

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 stars 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 Nursing Home Law Center 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 (800) 926-7565 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.

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

Nursing Home Abuse & Neglect Resources

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

Client Reviews
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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
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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