Minnesota Nursing Home Neglect and Abuse

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Lighthouse of Columbia Heights Fails to Provide Necessary Health Care to Resident

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Neglect

Neglect

Lighthouse of Columbia Heights Fails to Provide Necessary Health Care to Resident

By Kosieradzki Smith Law Firm

April 14, 2014

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the Lighthouse of Columbia Heights in Columbia Heights, Minnesota.  A complaint was filed with the Department alleging that neglect occurred when a resident received a medication that should have been held prior to a procedure causing a gastrointestinal bleed. The Department investigated the matter and found that the licensee failed to implement a physician’s order; failed to respond to an unlicensed staff’s call to a nurse regarding a change in the resident’s condition; failed to notify the emergency room that the resident had had a recent colonoscopy and failed to notify the resident’s primary physician that the client had rectal bleeding. The resident was sent to the hospital seven days after the resident’s colonoscopy.  The MDH determined that the nursing home is responsible for neglect of the facility’s resident.  [Case no. HL26853007]

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 neglect or abuse in a nursing home, 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.

Broen Memorial Home Neglects Resident

By Kosieradzki Smith Law Firm

April 14, 2014

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the Broen Memorial Home in Fergus Falls, Minnesota.  A complaint was filed with the Department alleging that neglect occurred when a resident choked on a hot dog and bun which was not in accordance with the resident’s physician ordered diet. The food was removed when the Heimlich maneuver was performed by staff.

The Department investigated the matter and found that the resident’s physician orders and care plan interventions directed staff to provide the resident a mechanical soft food texture diet (ground meat) without bread or bread products. The resident was assisted by staff to eat a hot dog with a bun and choked. The resident required extensive assistance from staff for all activities of daily living including assistance to eat.  The MDH determined that the facility is responsible for neglect of the facility’s resident.  [Case no. H5453016]

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 neglect or abuse in a nursing home, 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.

Kosieradzki-Smith Deters Future Elderly Abuse with Unique Settlement in Elderly Rape Case

By Kosieradzki Smith Law Firm

April 14, 2014

The Kosieradzki-Smith Law Firm, representing an elderly rape victim, has reached a $10 million dollar settlement in a civil lawsuit stemming from a rape in a Minnesota assisted living facility.

In January 2014, Andrew Merzwski was found guilty of raping an 89-year old patient at Edgewood Vista, an assisted living facility in Hermantown, MN. Merzwski, an employee of Edgewood Vista, confessed to entering the woman’s room at night, drugging her, and then violently raping her in her bed.

Merzwski has since been sentenced to a 53-month prison term.

But remarkably, the judgment entered against Merzwski will not require him to pay the $10 million unless he reoffends or otherwise breaks the terms of the settlement.

According to the Duluth News Tribune, this unorthodox agreement is meant to send a message: “This is a clarion call to other wrongdoers, that you will not get away with this kind of abuse of vulnerable adults without paying a serious price,” says Mark Kosieradzki an attorney representing the elderly victim.

Kosieradzki states that this sort of agreement is almost unheard of in the legal world. But money has never been the goal of this case. “The whole idea is that he’s going to be freed from prison, and the victim and her family felt strongly that they wanted to make a statement and make sure that he doesn’t do this ever again. That was the only purpose of this lawsuit.”

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 neglect or abuse in a nursing home, 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.

Kosieradzki-Smith Law Firm Reaches $10 million Settlement for Elderly Care Rape Case

By Kosieradzki Smith Law Firm

April 9, 2014

Caregiver Andrew Merzwski, 30, was found guilty in January 2014 for raping a elderly nursing home patient at Edgewood Vista in Hermantown, MN. He was sentenced to a 53-month prison term.

Now, the Kosieradzki-Smith Law Firm, representing the victim, has reached a $10 million dollar settlement with Merzwski in a civil lawsuit stemming from the incident.

merzwski

“This is a clarion call to other wrongdoers, that you will not get away with this kind of abuse of vulnerable adults without paying a serious price,” the Minneapolis Star Tribune quoted Mark Koseriadzki.

In January 2013, while employed at the nursing home, Merzwksi entered the room of an elderly patient with early signs of dementia. He gave her drugs with the intention of impairing her and proceeded to rape the resident while she was in her bed. The elderly victim told her daughter about the rape, and the daughter immediately contacted the police.

This incident highlights a serious lack of regulatory oversight of assisted-living facilities. Earlier last month, state lawmakers urged the Minnesota Department of Health to review its investigation of the incident last year.

To read more about this story from the Minneapolis Star Tribune: Click here

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 neglect or abuse in a nursing home, 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.

Crystal Seasons Living Community Nurse Steals Resident’s Prescribed Medication

By Kosieradzki Smith Law Firm

April 3, 2014

The Minnesota Department of Health (MDH) has completed its investigation of financial exploitation concerns at the Crystal Seasons Living Community in Lake Crystal, Minnesota.  A complaint was filed with the MDH alleging that financial exploitation occurred when a Licensed Practical Nurse (LPN) took seven of a client’s narcotic Vicodin tablets for personal use and replaced them with over the counter medication (Acetaminophen). The Department investigated the matter and found that the facility had a policy in place to count narcotic medications in the facility at the change of every shift.

The LPN was interviewed and admitted to entering the client’s apartment during the LPN’s work shift, took seven Vicodin tablets from the clients prescribed medication and replaced the seven Vicodin tablets with Acetaminophen tablets. The LPN’s employment was terminated from the facility. The MDH determined that the caregiver is responsible for financial exploitation of the facility’s resident.  [Case no. HL26192001]

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 neglect or abuse in a nursing home, 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.

Good Samaritan Society – St. James Neglects Resident’s Medical Needs

By Kosieradzki Smith Law Firm

April 3, 2014

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the Good Samaritan Society-St. James in St. James, Minnesota.  A complaint was filed with the MDH alleging that neglect occurred when a resident’s glucose was not monitored for seven months although the resident was receiving oral anti diabetic medication. The Department investigated the matter and found that when the resident was admitted from the hospital to the nursing home the hospital transfer form included nursing recommendations for the resident to continue with blood sugar monitoring, however, the nursing home did not review these recommendations and this was not continued.

The resident experienced changes throughout the nursing home stay that consisted of increased amounts of urinary output, increased sleepiness, communication difficulties, the development of a new and reoccurring yeast infection and hallucinations. The MDH determined that the nursing home is responsible for neglect of the facility’s resident.  [Case no. H5593015]

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 neglect or abuse in a nursing home, 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.

Presbyterian Homes of Arden Hills Resident Injured During Neglectful Transfer

By Kosieradzki Smith Law Firm

April 2, 2014

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the Presbyterian Homes of Arden Hills in Arden Hills, Minnesota.  A complaint was filed with the Department of Health alleging that neglect occurred when a staff, the alleged perpetrator (AP), pivot-transferred a resident instead of using the mechanical lift for the transfer.

The Department investigated the matter and found that the AP did not follow the care plan regarding transferring the resident, and transferred the resident without using a mechanical lift. The resident was dependent on staff for all cares. The resident was non-weight bearing. The care plan showed the resident was to be transferred with the assist of two staff and a mechanical lift.  The resident’s leg was fractured as a result of the improper transfer. The MDH determined that the caregiver was responsible for neglect of the facility’s resident.  [Case no. H5424032]

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 neglect or abuse in a nursing home, 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.

Anoka Rehab and Living Center Neglects Resident

By Kosieradzki Smith Law Firm

April 2, 2014

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the Anoka Rehab and Living Center Nursing Home in Anoka, Minnesota.  A complaint was filed with the Department of Health alleging that neglect occurred when a resident was found with the resident’s head wedged in the gap between the mattress and the grab bar with the resident’s head pressing up against the grab bar. As a result the resident sustained swelling to the resident’s right eye and there was an open head wound.

The Department investigated the matter and found that the facility’s staff failed to assess the resident’s need and ability to safely use the grab bar, including failing to assess the grab bars for adherence to FDA guidelines for safe use of the grab bars prior to use. The MDH determined that the nursing home is responsible for neglect of the facility’s resident.  [Case no. H5205033]

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 neglect or abuse in a nursing home, 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.

Nursing Home Risks in the News

By Kosieradzki Smith Law Firm

April 1, 2014

Nursing Home Resident’s Family Files Retaliation Complaint
A woman helping families fight for nursing home residents’ rights says her activism is drawing the wrong type of attention and action from her mother’s nursing home in Arkansas. A month after setting up a family counsel at the nursing home, she says she received an involuntary discharge notice, forcing her mother out of the nursing home. Click here for more about this story.

Medical Technician Confesses to Louisville Nursing Home Death, Then Recants
The man accused of injecting a woman with a fatal dose of insulin in 2007 at a Louisville nursing home confessed to investigators he was high on a prescription painkiller when he injected the woman and two other people, according to newly released court records. Police also looking at other deaths at the nursing home. Click here for more about this story.

Justices Hear Appeal of $90 Million Nursing Home Verdict
In 2011, after a trial that lasted nearly two weeks, jurors found that the West Virginia nursing home had failed to feed and care for Dorothy Douglas, who stayed at the home for about three weeks. Douglas’ lawyers argued throughout the trial that her death was caused by Manor Care Inc. executives’ repeated failure to keep their nursing homes properly staffed. Click here for more about this story.

Nursing home employee charged with assaulting resident
A 65-year-old nursing home employee in Pennsylvania faces assault and neglect charges after she allegedly got into a brawl with a resident who complained the staff wasn’t properly caring for the residents. Click here for more about this story.

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 neglect or abuse in a nursing home, 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.

Gil-Mor Manor’s Resident Hospitalized After Staff Neglects Resident Physician Orders

By Kosieradzki Smith Law Firm

March 28, 2014

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the Gil-Mor Manor Nursing Home in Morgan, Minnesota.  A complaint was filed with the Minnesota Department of Health alleging that neglect occurred when staff failed to implement physician’s orders for insulin administration and the resident was admitted to the hospital for diabetic ketoacidosis. The Minnesota Department of Health investigated the matter and found that the allegation of neglect is substantiated because the facility had a system in place to double check physician orders, and two staff incorrectly followed facility protocol. The transcription error went unnoticed by facility staff over a two day period. The MDH determined that the Gil-Mor Manor is responsible for neglect of the facility’s resident. [Case no. H5594012]

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 neglect or abuse in a nursing home, 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.