Minnesota Nursing Home Neglect and Abuse

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Category Archives:
Wandering & Elopement

Kosieradzki Smith wins settlement in elopement hypothermia case against assisted living facility

By Kosieradzki Smith Law Firm

December 20, 2016

Mark Kosieradzki and Joel Smith have reached a successful settlement of a significant wrongful death action against a St. Paul assisted living facility, Cerenity Residence on Humboldt. On a frozen November morning, a visitor looked outside through a second-floor window and saw a woman’s body lying on the facility’s back patio. The outside temperature was 14°F with a wind-chill temperature of 0°F. The visitor called 911 and informed a staff member. The staff member went outside to the patio, which… Read More →

Kosieradzki Smith files wrongful death suit against Duluth care facility for resident’s 2013 disappearance

By Kosieradzki Smith Law Firm

February 3, 2016

As reported in today’s Duluth News Tribune, Kosieradzki Smith has brought a law suit against the owner and operator of a West Duluth assisted-living facility, which failed to protect a 74-year-old, dementia-stricken client, Dale Gerard. Ms. Gerard died after the facility allowed her to wander away from the residence in July 2013. Ms. Gerard was found dead in a grassy area near Piedmont Avenue in April 2014, nine months after she walked out of Wesley Residence on Grand Avenue and boarded a Duluth… Read More →

Sauk Rapids Assisted Living Facility’s Neglect, Hypothermia

By Kosieradzki Smith Law Firm

June 24, 2015

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the Cherrywood Advanced Living, an assisted living facility in Sauk Rapids, Minnesota. A complaint was filed with the MDH alleging that a client was neglected when staff failed to provide adequate supervision. The client wandered outside, was in subzero temperatures for 25 minutes, and was found with blisters on his/her fingers and was admitted to the hospital with hypothermia. The MDH investigated the matter and found… Read More →

Shakopee Assisted Living Facility Neglects Client, Found on Ground Bleeding Unconscious

By Kosieradzki Smith Law Firm

June 24, 2015

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the  Gardens at St. Gertrudes, an assisted living facility in Shakopee, Minnesota. A complaint was filed with the MDH alleging that a client was neglected when the client eloped from the facility during the night and had a fall with injuries. The client had a history of wandering; however, St. Gertrude’s staff only monitored her during the night every four hours. The MDH investigated the matter and found… Read More →

Death lawsuit could impact assisted living standards

By Kosieradzki Smith Law Firm

December 14, 2014

Delores Wiersum froze to death after she was locked outside her assisted living home in Appleton, Wisconsin, according to the Green Bay Press-Gazette. The report states that “Wiersum died in January 2013 after wandering out of The Heritage shortly after midnight. She wore only pajamas and a light sweater in the 15-degree temperature. She had recently suffered a mini-stroke.” The report states further that “A police investigation revealed that while staff recorded Wiersum as being asleep in her bed at… Read More →

Body of elderly man missing from nursing home found dead

By Kosieradzki Smith Law Firm

September 18, 2014

The body of a man last seen at an Ohio nursing home was found dead on September 12 in Cleveland Metroparks, Middleburg Heights Police confirmed to Fox 8 Cleveland.  Ronald Herhuth was last seen five days earlier at Southern Hills Health & Rehab nursing home, according to Fox 8. He was 71. Herhuth had Alzheimer’s disease and was a diabetic.  He went missing from the nursing home with his wooden cane, a swollen leg, and an IV in his arm.  Over a… Read More →

Details about the Faribault Care Center Nursing Home in Minnesota

By Kosieradzki Smith Law Firm

September 7, 2013

Medicare rates nursing homes, including this 55-bed nursing home facility.  Medicare has assigned an overall rating to the Faribault Care Center as a “much below average” facility.  In addition, Medicare has assigned a “much below average” rating to the nursing home based on the government’s health inspections of the facility. In its recent inspection in February 2013, Faribault Care Center was cited with 16 health deficiencies (compared to the state average of 6.2). These include the facility’s: Failure to hire only… Read More →

Details about the Golden LivingCenter – Lynwood Nursing Home in Minnesota

By Kosieradzki Smith Law Firm

May 22, 2013

This 54-bed nursing home has received  “below average” ratings or both its Overall and Quality Measure ratings, according to Medicare’s 2012 annual report. Additionally, the facility was given a “much below average” for its Health Inspection rating. This facility was cited with multiple health deficiencies, including the facility’s: Failure to provide necessary care and services to maintain or improve the highest well being of each resident; Failure to allow residents the right to participate in the planning or revision of care and… Read More →

Details about the Berkshire Residence Nursing Home in Minnesota

By Kosieradzki Smith Law Firm

April 30, 2013

This 115-bed nursing home received a “below average” for its Overall rating, according to Medicare’s 2013 report. The facility was also given a “much below average” for its Staffing rating. The facility was cited with several health deficiencies, including the facility’s: Failure to provide necessary care and services to maintain or improve the highest well being of each resident; Failure to develop policies and procedures for influenza and pneumococcal immunizations; Failure to store, cook, and serve food in a safe and… Read More →

Wandering & Elopement

By Kosieradzki Smith Law Firm

March 12, 2012

Elopement occurs when a resident who is incapable of self-preservation successfully departs the building unsupervised and undetected and thereby enters harm’s way. Wandering occurs when a resident moves about within the nursing home aimlessly or without rational purpose or appreciation of personal safety. Elopement and wandering cases typically involve a resident with impaired mental capacity (such as dementia or temporary delirium). These residents are not oriented to time, person, place or situation. As a result, when permitted to elope or… Read More →

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