Minnesota Nursing Home Neglect and Abuse

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Good Samaritan Society – Albert Lea Neglects Patient

Good Samaritan Society – Albert Lea Neglects Patient

By Kosieradzki Smith Law Firm

April 17, 2014

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the Good Samaritan Society – Albert Lea in Albert Lea, Minnesota. A complaint was filed with the Department alleging that the facility’s caretakers did not follow a patient’s physician plan. This resulted in the patient gaining 20 pounds in 15 days. The Department investigated the matter and found that the facility’s electronic administration record did not include the entirety of the physician’s patient care-plan. As a result, the patient did not receive necessary care. The MDH determined that the nursing home is responsible for the neglect of the facility’s resident. (Case no. H5441027]

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.

Goldfinch Estates Neglected Resident, Resulted in Death

By Kosieradzki Smith Law Firm

April 17, 2014

The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the Goldfinches Estate in Fairmont, Minnesota. A complaint was filed with the Department alleging that neglect occurred when a patient of the facility excited the secure building unknown to staff and was found deceased outside facility. The department investigated the matter and found that neglect occurred when the resident was able to leave through a secured exit door and died of hypothermia due to cold exposure. The resident had a documented history of advanced dementia and had been identified as at risk for elopement. Unbeknownst to facility caregivers, the locked door intermittently unlocked itself, allowing anyone to exit through the door without the unlock code. The MDH determined that the assisted living facility is responsible for the neglect of the facility’s resident. (Case no. HL23692001)

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.

TOPICS:   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.

Mark Kosieradzki Teaches 30(b)(6) Technique on Getting Surveillance Video for Webinar

By Kosieradzki Smith Law Firm

April 11, 2014

Mark Kosieradzki taught his 30(b)(6) technique to approximately 83 attendees viewing the Aletheia Institute Webinar, Spoliation of Evidence, “How is it found? How is it fought?” Mark spoke on Getting “Secreted” Surveillance videos: 30(b)(6) Electronic Discovery. He went in depth on how you can retrieve video surveillance using the 30(b)(6) technique, even when organizations claim that they “don’t have it.”

Mark is well known throughout the country for his knowledge of 30(b)(6) depositions. Most recently, the American Association for Justice released Mark’s DVD, Deposing the Corporate Representative: 30(b)(6) Depositions. The DVD can be purchased from American Association for Justice by contacting 202.965.3500, ext. 8615 of the AAJ Exchange.

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Mark and the Kosieradzki • Smith Law Firm represent clients in cases involving catastrophic injury caused by wrongdoers, including nursing homes and other care facilities that fail to provide proper care. If you believe you or your loved one has been harmed by another’s wrongful conduct, 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:   Firm News, Firm News

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.

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“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.

Wingspan Life Resources Staff Financially Exploits Residents

By Kosieradzki Smith Law Firm

April 3, 2014

The Minnesota Department of Health (MDH) has completed its investigation of financial exploitation concerns at the Wingspan Life Resources Facility in Bloomington, Minnesota.  A complaint was filed with the MDH alleging that financial exploitation occurred when the facilities employee withdrew funds from the residents’ accounts without their permission. The combined amount of funds missing from the three residents totaled approximately $2,247.45. The Department investigated the matter and found that the facilities employee was responsible to purchase and submit receipts for all purchases completed for residents of the facility.

An administrative staff audit completed of the resident’s bank accounts showed an unusually number of transactions of the three resident’s accounts over a three month period. The facilities employee told administrative staff the residents’ debit cards and receipts for items purchased for the residents, were stolen from the facilities employee’s house.  The MDH determined that the caregiver is responsible for financial exploitation of the facility’s resident.  [Case no. HG240002]

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.