Langton Place Neglected Resident
MDH Concluded Langton Place Violated State Law
The Minnesota Department of Health report, which is available HERE, found that Langton Place neglected a resident because:
Multiple staff failed to assess and monitor the resident’s skin beneath a hard‐sided, post‐surgical immobility boot (CAM boot) on her right lower leg and foot. The resident developed an infected pressure ulcer and died as a result.
The Minnesota Department of Health, concluded that Langton Place’s conduct violated Minnesota Statutes, section 626.5572, subdivision 17, paragraph (a), which states: “The failure or omission by a caregiver to supply a vulnerable adult with care or services, including but not limited to food, clothing, shelter, health care, or supervision which is reasonable and necessary to obtain or maintain the vulnerable adult’s physical or mental health or safety, considering the physical and mental capacity or dysfunction of the vulnerable adult and which is not the result of an accident or therapeutic conduct.” Langton Place was also found to be in violation of State Nursing Home Licensing laws, namely the Patient & Resident’s Bills of Rights.
Pressure Injuries Should not Occur In Nursing Homes
A pressure injury also referred to as a pressure ulcer or wound is localized injury to the skin and/or underlying tissue usually over a bony prominence. Unrelieved pressure, friction, sheer forces, and moisture contribute to development of a pressure injury. Other conditions, such as ambulation difficulty, malnutrition, and bed-bound status/limited mobility are risk factors for the development of pressure injuries. Because of these risk factors, pressure injuries occur primarily in debilitated, bed-bound patients and are recognized as a major cause of morbidity and mortality in nursing homes. Therefore, nursing homes must ensure that (1) residents do not develop unavoidable pressure injuries; and (2) residents who have pressure injuries receive necessary treatment and services to promote healing, prevent infection and prevent new pressure injuries from developing.
In fact, federal regulations create specific rules regarding pressure injuries:
(1)Pressure ulcers. Based on the comprehensive assessment of a resident, the facility must ensure that –
(i) A resident receives care, consistent with professional standards of practice, to prevent pressure ulcers and does not develop pressure ulcers unless the individual’s clinical condition demonstrates that they were unavoidable; and
(ii) A resident with pressure ulcers receives necessary treatment and services, consistent with professional standards of practice, to promote healing, prevent infection and prevent new ulcers from developing.
Langton Place has been Recently Cited for Neglect
The Minnesota Department of Health website reveals that Langton Place has been cited for two other instances of neglect since November 2017. In the first instance, Langton Place was found to be responsible for causing the entrapment death of one of its residents. According to the StarTribune, which covered that case:
Langton Place, which is operated by Presbyterian Homes, “had no policy, procedure or system to ensure the proper sizing of mattresses, the fit of the grab bars [or the proper] space between the mattresses and the grab bar device to reduce the risk of entrapment,” according to a state Health Department report released last week. The resident suffocated and died on May 31, according to the Ramsey County medical examiner’s office. The woman’s injuries included fresh bruising on her neck, the autopsy found.
In a more recent event, the Minnesota Department of Health concluded that the Langton Place nurse gave the wrong medication to a resident, resulting in the resident’s hospitalization. The failure to provide the correct medication to the resident and the failures resulting in a resident to become entrapped in a grab bar device are violations of state and federal law.
The Kosieradzki Smith Law Firm handles cases against Langton Place
The Kosieradzki Smith Law Firm is currently handling a lawsuit against Langton Place for the wrongful death of Delores Rowan–the entrapment death case mentioned above. The lawsuit, which is currently pending in Ramsey County District Court, alleges that Langton Place was negligent in the assessment of one of its residents and improperly used a physical device that created a high and unnecessary risk of death from asphyxiation.
Can a family sue for Wrongful Death caused by Pressure Injury?
Under Minnesota law, a family can bring a wrongful death lawsuit against a nursing home when the death is caused by the nursing home’s negligence. Nursing homes are subject to specific rules and law under both federal and Minnesota law. As a result, lawsuits against nursing homes can be highly technical. The attorneys at the Kosieradzki Smith Law Firm handle nursing home wrongful death lawsuits and can provide you and your family information about what you can do if your loved one has died because of a pressure injury. The Kosieradzki Smith Law Firm handles pressure injury cases like this one involving Langton Place. We want to ensure that nursing home residents receive the care they deserve. If your loved one has suffered pressure sores, we want to talk with you. Please contact us today to schedule a free consultation and learn more.