The Minnesota Department of Health (MDH) has completed its investigation of neglect concerns at the Evergreen Terrace, a nursing home in Grand Rapids, Minnesota. A complaint was filed with the MDH alleging that a resident was neglected when the facility’s employee transferred the resident in a manner not in accordance with the care plan, which resulted in the resident’s left knee being displaced, and a fractured femur.
The MDH investigated the matter and found that neglect occurred when the staff member failed to follow the resident’s care plan and stood the resident instead of using a mechanical sling life (Hoyer) and two staff for the transfer. As a result, the resident’s knee buckled during the transfer and the resident fell to the floor fracturing the left femur. The facility transferred the resident to the hospital for surgical repair. Approximately two weeks later the resident died.
The MDH determined that the facility’s staff member is responsible for neglect of the facility’s resident. [Case no. H5495038]
This is not the first investigation of Evergreen Terrace by the MDH. In August, 2012, the MDH found that abuse occurred when a nursing assistant slapped a resident. [Case no. H5495033].
Medicare rates nursing homes, including this 109-bed nursing home facility. Medicare has assigned an overall rating to Evergreen Terrace as a “much below average” facility. In addition, Medicare has assigned a rating to Evergreen Terrace as a “much below average” facility based on the government’s health inspections of the facility.
According to Medicare’s most recent annual inspection, Evergreen Terrace was cited by the government for 20 separate health deficiencies (significantly higher than the state average of 6.7 deficiencies for Minnesota nursing homes). Medicare has issued deficiency citations to Evergreen Terrace for this nursing home’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 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 make sure that each resident’s abilities in activities of daily living do not decline, unless unavoidable.
- Failure to make sure that residents receive treatment/services to not only continue, but to improve the ability to care for themselves.
- Failure to assist those residents who need total help with eating/drinking, grooming and personal and oral hygiene.
- Failure to give residents proper treatment to prevent new bed (pressure) sores or heal existing bed sores.
- Failure to make sure that each resident who enters the nursing home without a catheter is not given a catheter, and receive proper services to prevent urinary tract infections and restore normal bladder function.
- Failure to properly care for residents needing special services, including: injections, colostomy, ureostomy, ileostomy, tracheostomy care, tracheal suctioning, respiratory care, foot care, prostheses.
- Failure to have enough nurses to care for every resident in a way that maximizes the resident’s well being.
- Failure to keep each resident’s personal and medical records private and confidential.
- Failure to provide care for residents in a way that keeps or builds each resident’s dignity and respect of individuality.
- Failure to make sure each resident has the right to have a choice over activities, their schedules and health care according to his or her interests, assessments, and plan of care.
- Failure to reasonably accommodate the needs and preferences of each resident.
- Failure to 1) make sure that each resident’s drug regimen is free from unnecessary drugs; 2) each resident’s entire drug/medication is managed and monitored to achieve highest well being.
- Failure to at least once a month have a licensed pharmacist review each resident’s medication(s) and report any irregularities to the attending doctor.
- Failure to have a program that investigates, controls and keeps infection from spreading.
- Failure to make sure that the nursing home area is safe, easy to use, clean and comfortable for residents, staff and the public.
- Failure to post nurse staffing information/data on a daily basis.
- Failure to immediately tell the resident, the resident’s doctor and a family member of the resident of situations (injury/decline/room, etc.) that affect the resident.
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 or other care facility, 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.