Minnesota Nursing Home Neglect and Abuse

Kosieradzki • Smith
Law Firm, LLC

877 552 2873
Call Us Today

Mismanaged Medications in Nursing Homes: Proper Medication Management (Part 2 of 6)

Category Archives:
Medication Errors

Medication Errors

Mismanaged Medications in Nursing Homes: Proper Medication Management (Part 2 of 6)

By Kosieradzki Smith Law Firm

June 5, 2013

Proper management of nursing residents’ medication needs and safety does not happen on its own.  It requires a commitment to safety and diligence by the nursing home’s administration and nursing staff.  To ensure that a nursing home accurately manage the complexities and challenges of its residents medications:

  • The nursing home administration must ensure that each resident’s medication is managed and reviewed by a physician, and that each resident has access to his or her own personal physician;
  • The physician is responsible for providing and reviewing the medication orders and the total program of care at the time of a resident’s admission and at each subsequent examination of the resident;
  • The nursing home administration must ensure that the physician approves the resident’s admission, reviews the resident’s care plan (especially medical services and medication management), participates in the resident’s assessment and care planning, monitors changes in the resident’s medical status, and is available to consult or treat when called upon by the facility; and
  • If a physician is unavailable or does not respond to any call for service, the nursing home must have another physician available to supervise the patient’s medical care.

Whether the particular nursing home has a proper system place is a critical issue when a resident has been harmed as a result of a nursing home’s failure to provide the right medication, in the right amount, at the right time.  The following blogs in this series will outline how we investigate cases of mismanaged medication.

For the other parts in this series, click on the following:

Mismanaged Medications in Nursing Homes: An Overview (Part 1 of 6)

Mismanaged Medications in Nursing Homes: A Resident’s Medical Records and Medication History (Part 3 of 6)

Mismanaged Medications in Nursing Homes: Maintaing Adequate Staffing and Staffing Procedures (Part 4 of 6)

Mismanaged Medications in Nursing Homes: A Nursing Home and Its Pharmaceutical and Laboratory Services (Part 5 of 6)

Mismanaged Medications in Nursing Homes: Conclusion (Part 6 of 6)

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe you or your loved one has suffered medication errors because the nursing home failed to do its job, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

TOPICS:   Medication Errors

North Ridge Care Center Employee Stole Narcotic Medication from Nursing Home Residents

By Kosieradzki Smith Law Firm

June 4, 2013

A Minnesota Department of Health investigation has found that an employee of the North Ridge Care Center was stealing a resident’s prescription painkillers. The employee was also found to have been stealing prescription medication from at least 12 other residents of the New Hope, Minnesota nursing home, although the number of residents impacted may have been as high as 24, according to the MDH report.  [Report no. H5183093]

According to the MDH report:

  • After the suspected employee left the facility, another nurse spotted a discrepancy in the medication charting for one of the residents;
  • When confronted by administrative staff, the suspected employee admitted to taking  prescription Oxycodone tablets from the resident for the employee’s own personal use;
  • The employee also admitted to taking narcotic medication from several other residents over a four-month period;
  • The suspected employee was terminated from employment at the facility; and
  • The case was forwarded to the county attorney’s office for possible prosecution.

Click here for more details about the North Ridge Care Center.

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your or your loved one has suffered medication errors because the nursing home failed to do its job, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

Mismanaged Medications in Nursing Homes: An Overview (Part 1 of 6)

By Kosieradzki Smith Law Firm

June 4, 2013

Nursing home residents’ safety requires that the facility staff maintain diligent oversight of its resident’s medication regime. The average resident’s medication regime includes seven to eight different medications administered monthly. Federal regulations mandate that nursing home facilities “must ensure that residents are free from any significant medication errors.”

Unfortunately, medication errors are all too common among nursing home facilities. However, the good news is that experienced plaintiff lawyers know the rules that govern medication safety.

This blog will explain the tools and skills used by skilled lawyers to determine if and when mismanaged medication resulted in a violation of a resident’s standard of care. Nursing home residents have rights, and any violation of such rights deserves a diligent and committed investigation to remedy any instance of nursing home malpractice.

Nursing homes are required by federal laws to have in place a system that is free from significant medication errors. Any inquiry into a potential case of mismanaged medication should focus on the facility’s policies, procedures, and training in several areas:

  • a resident’s clinical records
  • the facility’s procedures for acquiring, receiving, and dispensing medications
  • a resident’s physician’s orders regarding medications
  • medication care planning
  • the administration of medications
  • the facility’s assessment and monitoring of a resident’s drug regimen
  • how a facility reports medication irregularities to the attending physician
  • any medication errors
  • pharmacy services
  • laboratory services

These specific methods of inquiry will be explained in detail in the following reports of this blog series.

For the other parts in this series, click on the following:

Mismanaged Medications in Nursing Homes: Proper Medication Management (Part 2 of 6)

Mismanaged Medications in Nursing Homes: A Resident’s Medical Records and Medication History (Part 3 of 6)

Mismanaged Medications in Nursing Homes: Maintaing Adequate Staffing and Staffing Procedures (Part 4 of 6)

Mismanaged Medications in Nursing Homes: A Nursing Home and Its Pharmaceutical and Laboratory Services (Part 5 of 6)

Mismanaged Medications in Nursing Homes: Conclusion (Part 6 of 6)

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe you or your loved one has suffered medication errors because the nursing home failed to do its job, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

 

TOPICS:   Medication Errors

Details About the North Ridge Care Center Nursing Home in Minnesota

By Kosieradzki Smith Law Firm

May 31, 2013

This 397-bed nursing home received a “below average” for its Overall rating, according to Medicare’s 2012 annual report. Additionally, the facility received a “much below average” for its Health Inspection rating. North Ridge Care Center was cited with 7 health deficiencies. These include the facility’s:

  • Failure to hire only people with no legal history of abusing, neglecting, or mistreating residents, or report and investigate any acts or reports of abuse, neglect, or mistreatment of residents;
  • Failure to develop and implement policies for screening and training employees, and the prevention, identification, investigation, and reporting of any abuse, neglect, mistreatment and misappropriation of property;
  • Failure to provide care by qualified persons according to each resident’s written plan of care;
  • Failure to give residents proper treatment to prevent new bed (pressure) sores or heal existing bed sores;
  • Failure to provide care for residents in a way that maintains or improves their dignity and respect in full recognition of their individuality; and
  • Failure to maintain drug records and properly mark/label drugs and other similar products according to accepted professional standards.

Additionally, Medicare has identified 5 complaints and facility reported incidents, including the facility’s failure to ensure that the nursing home area is free from accident hazards and provide adequate supervision to prevent avoidable accidents.

Finally, the Minnesota Department of Health has substantiated two reports of nursing home malpractice.

  • In October of 2011, MDH substantiated a report of neglect wherein the facility failed to adequately supervise a resident with a history of physical and verbal aggression. As a result, the resident wandered into the room of another resident and proceeded to physically beat her. The victimized resident sustained numerous bruises and abrasions. [Report no. H5183084]
  • In April of 2013, MDH substantiated a report of financial exploitation wherein an employee admitted to stealing prescribed narcotics from two residents. [Report no. H5183093]

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your loved one has been harmed due to a nursing home’s failures, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

Details about the Bryn Mawr Health Care Center Nursing Home in Minnesota

By Kosieradzki Smith Law Firm

May 17, 2013

This 112-bed nursing home received a “below average” for both its Overall and Health Inspections ratings,according to Medicare’s 2012 annual report on nursing homes.Bryn Mawr Health Care Center was cited with 7 health deficiencies, including the facility’s:

  • Failure to develop a complete care plan that meets all the resident’s needs, with timetables and actions that can be measured;
  • Failure to ensure that each resident’s entire drug/medication regimen is free from unnecessary drugs, and is managed and monitored to achieve highest level of well-being;
  • Failure to at least once a month, have a licensed pharmacist review each resident’s medications and report any irregularities to the attending doctor; and
  • Failure to have a program that investigates, controls and keeps infection from spreading.

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your loved one has been harmed due to a nursing home’s failures, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

Details about the Augustana Health Care Center in Minneapolis

By Kosieradzki Smith Law Firm

May 9, 2013

This 268-bed nursing home received a below average” for both its Overall and Health Inspections ratings, according to Medicare’s 2012 annual report. Compared to the average number of health deficiencies in Minnesota (6.8), Augustana Health Care Center of Minneapolis received 9 deficiencies, including the facility’s:

  • Failure to hire only people with no legal history of abusing, neglecting or mistreating residents, or report and investigate any acts or reports of abuse, neglect or mistreatment of residents;
  • Failure to develop and implement policies for screening and training employees, and the prevention, identification, investigation, and reporting of any abuse, neglect, mistreatment and misappropriation of property;
  • Failure to provide care by qualified persons according to each resident’s written plan of care;
  • Failure to make sure that residents receive treatments and services to maintain or improve their ability to care for themselves;
  • Failure to provide or obtain dental services for each resident; and
  • Failure to help and prepare each resident for a safe and easy discharge or transfer from the nursing home.

Additionally, Medicare has  identified several complaints and incidents related to the above health deficiencies at Augustana Health Care Center Minneapolis.

Finally, the Minnesota Department of Health has substantiated four reports of neglect, abuse or exploitation of residents of Augustana Health Care Center Minneapolis:

  • In August 2011, MDH substantiated a report of financial exploitation on the part of an employee of Augustana Health Care Center. It was determined that the alleged perpetrator made multiple unauthorized withdrawals from a resident’s checking account totaling over $1,200. [Report no. H5242082]
  • In September 2011, MDH substantiated a report of sexual abuse on the part of an employee of the facility. The alleged perpetrator reportedly fondled a resident’s genitals on a number of occasions and made comments that amounted to sexual harassment. [Report no. H5242083]
  • In January 2012, MDH substantiated a report of nursing home neglect wherein the facility failed to alert the resident’s family of a developing bedsore. The resident was released to homecare, where an employee of a homecare service noticed the bedsore. [Report no. H5242084]
  • In February 2012, MDH substantiated a report of nursing home neglect wherein a resident overdosed on Fentanyl—a narcotic painkiller, which is applied as a transdermal patch. When the resident was admitted to the hospital because she was acting lethargic and had trouble breathing, the hospital staff discovered that she had three Fentanyl patches on her. [Report no. H5242085]

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your loved one has been harmed due to a nursing home’s failures, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

Details about the Presbyterian Homes of Arden Hills Nursing Home in Minnesota

By Kosieradzki Smith Law Firm

May 9, 2013

This 208-bed nursing home received a below averagefor its Health Inspections rating, according to Medicare’s 2012 annual report. Compared to the average number of health deficiencies for Minnesota nursing homes (6.7), Presbyterian Homes of Arden Hill was cited with nine health deficiencies. These include the facility’s:

  • Failure to hire only people with no legal history of abusing, neglecting or mistreating residents, or report and investigate any acts or reports of abuse, neglect or mistreatment of residents;
  • Failure to develop and implement policies for screening and training employees, and the prevention, identification, investigation, and reporting of any abuse, neglect, mistreatment and misappropriation of property;
  • Failure to give residents proper treatment to prevent new bed (pressure) sores or heal existing bed sores;
  • Failure to review or revise the resident’s care plan after any major change in physical or mental health;
  • Failure to ensure that each resident’s entire drug/medication regimen is free from unnecessary drugs, and is managed and monitored to achieve highest level of well-being;
  • Failure to at least once a month, have a licensed pharmacist review each resident’s medications and report any irregularities to the attending doctor; and
  • Failure to have a program that investigates, controls and keeps infection from spreading.

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your loved one has been harmed due to a nursing home’s failures, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

 

Details about Extendicare’s Rose of Sharon Manor Nursing Home in Minnesota

By Kosieradzki Smith Law Firm

May 2, 2013

This 63-bed nursing home has received a “below average” for both its Staffing and Quality Measure ratings, according to Medicare’s 2012 annual nursing home report. Between April 2010 and August 2012, this nursing home was cited with 15 health deficiencies. These include Rose of Sharon Manor’s:

  • Failure to allow the resident the right to participate in the planning or revision of the resident’s care plan;
  • Failure to immediately tell the resident, the resident’s doctor, and a family member of the resident of situations that affect the resident such as an injury, decline in health, or room changes;
  • Failure to store, cook, and serve food in a safe and clean way;
  • Failure to give residents proper treatment to prevent new bed (pressure) sores or heal existing bed sores;
  • Failure to conduct initial and periodic assessments of each resident’s functional capacity;
  • Failure to ensure that each resident who enters the nursing home without a catheter is not given a catheter, and that residents receive proper services to prevent urinary tract infections and restore normal bladder function;
  • Failure to give each resident enough fluids to keep them healthy and prevent dehydration;
  • Failure make sure that each resident’s drug regimen is free from unnecessary drugs, and that each resident’s medication is managed and monitored; and
  • Failure to maintain drug records and properly labeled drugs according to accepted professional standards.

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your loved one has been harmed due to a nursing home’s failures, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

Details about Extendicare’s Health & Rehabilitation of New Brighton Nursing Home in Minnesota

By Kosieradzki Smith Law Firm

May 2, 2013

This 100-bed nursing home has received a “below average” for both its Overall and Quality Measure ratings, according to Medicare’s annual 2012 report. Additionally, the government deemed its Health Inspection Rating to be “much below average.” Compared to the average number of Minnesota nursing home health deficiencies (6.8), this facility received 17 deficiencies. These include Health & Rehabilitation of New Brighton’s:

  • Failure to hire only people with no legal history of abusing, neglecting or mistreating residents, or to report and investigate any acts of abuse, neglect, or mistreatment of residents;
  • Failure to develop policies that prevent mistreatment, neglect, or abuse of residents or theft of resident property;
  • Failure to provide care by qualified persons according to each resident’s written plan of care;
  • Failure to assist those residents who need total help with eating, drinking, grooming, and personal and oral hygiene;
  • Failure make sure that each resident’s drug regimen is free from unnecessary drugs, and that each resident’s medication is managed and monitored;
  • Failure to give residents proper treatment to prevent new bed (pressure) sores or heal existing bedsores;
  • Failure to give each resident enough fluids to keep them healthy and prevent dehydration;

The Minnesota Department of Health has also substantiated a report of nursing home neglect on the part of Health & Rehabilitation of New Brighton. On August 2010, it was determined that a resident had not received her prescribed medication on numerous occasions. Additionally, on multiple occasions the resident had received the wrong medication. [Report no. H5164090]

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your loved one has been harmed due to a nursing home’s failures, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.

Details about Extendicare’s Golden Valley Rehabilitation & Care Nursing Home in Minnesota

By Kosieradzki Smith Law Firm

May 2, 2013

This 164-bed nursing home received a “below average” for its Overall, Health Inspection, and Quality Measure ratings, according to Medicare’s 2012 annual report. Compared to the average number of health deficiencies for Minnesota nursing homes (6.8), Golden Valley was cited for 12 health deficiencies, including the facility’s:

  • Failure to assist those residents who need total help with eating, drinking, grooming, and personal and oral hygiene;
  • Failure to give proper treatment to residents with feeding tubes to prevent problems such as aspiration pneumonia, diarrhea, vomiting, and dehydration—as well as failure to help restore eating skills, if possible;
  • Failure to store, cook, and serve food in a safe and clean way;
  • Failure to make sure that each resident’s drug regimen is free from unnecessary drugs, and that each resident’s medication is managed and monitored;
  • Failure to safely provide drugs and other similar products available which are needed every day in emergencies, by a licensed pharmacist;
  • Failure to have a licensed pharmacist review each resident’s medications at least once a month and report any irregularities to the attending doctor; and
  • Failure to maintain drug records and properly labeled drugs according to accepted professional standards.

Medicare has also identified six complaints and incidents associated with the Golden Valley Rehability & Care nursing home, including the facility’s:

  • Failure to hire only people with no legal history of abusing, neglecting or mistreating residents, or to report and investigate any acts of abuse, neglect, or mistreatment of residents;
  • Failure to develop policies that prevent mistreatment, neglect, or abuse of residents or theft of property; and
  • Failure to ensure that the nursing home area is free from accident hazards and risks, as well as adequate supervision to prevent avoidable accidents.

Additionally, the Minnesota Department of Health has substantiated a report of nursing home neglect wherein an unattended resident fell, sustaining a hip fracture. The facility was found negligent because the resident’s care plan indicated that she must be assisted while walking. [Report no. H5186175]

The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your loved one has been harmed due to a nursing home’s failures, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.