Last May, an 86-year-old patient died in Minnesota due to nursing home neglect.
The Minnesota Department of Health investigated Luvern Kraft’s death, and determined that the CNA’s negligence was the cause. According to her own self-reporting, the nurse claimed that she was “too tired,” and wasn’t thinking clearly at the time of the incident.
Up until last April, Steve Kraft, the victim’s son, took care of his mother in his home. However, as her health continued to fail, it became clear to Steve that his mother needed round-the-clock skilled care, which he was unable to provide.
Luvern was taken to the hospital in May, then moved to the Good Samaritan Society in Waconia. The patient had chronic obstructive pulmonary disease, which required that she have an oxygen tank, and required full-time monitoring.
Luvern’s medical history noted that she was “Do Resuscitate,” and she had a “Provider Orders for Life Sustaining Treatment” order. That means that CPR should be administered in the event of a pulmonary or cardiac episode, and 911 should be called immediately.
Shortly after she was admitted, however, the patient became unresponsive while toileting. A facility worker was called to the room to aid Luvern, but she did not administer CPR or call 911, as required.
The worker claims that she was tired and unable to think clearly because she was working a night shift. She has since resigned.
“She was a great person and she didn’t deserve to have that happen to her, and I just don’t want that to happen to anyone else,” Kraft said.
A spokesperson for the Good Samaritan Society said that the facility investigated the incident of nursing home negligence, and they felt their policies and procedures were in place, so the fault lies with the individual. The state report concluded the same thing.
The Department of Health’s report has been passed on to the Carver County Sheriff’s and Attorney’s offices for investigation into criminal charges for nursing home neglect.
Nursing Home Negligence and the Law
With our aging population, 24-hour assistance and long-term care is becoming increasingly important for nursing home residents. Most families are confused over how much supervision is legally required to keep their loved ones safe and properly cared for. Nursing home operators are under a duty to exercise reasonable care to avoid injury to their patients, and the reasonableness of the care is assessed relative to the patient’s physical and mental condition. A nursing home has a duty to safeguard residents from the foreseeable consequences of their various physical and mental impairment(s), which includes taking reasonable precautions to protect those who are unable to protect themselves.
If there is a known danger the resident may encounter due to his or her condition, the nursing home must do what is reasonably possible to prevent foreseeable injury to the resident. This includes protecting residents from hazards that may either cause them to injure themselves or be injured by others, including other residents.
However, nursing homes are not required, and often cannot provide, a nurse/patient ratio of one-to-one. It is important for families to speak with nursing home administrators, before admitting their loved ones, about how many nurses – both CNA’s and skilled nurses – are on the floor at any given time. Unfortunately, many families do not know to tour facilities ahead of time, ask questions, and they do not know they can ask to transfer family members if they do not approve of the facility for any reason. Family members may not know what signs to look for when it comes to nursing home neglect or abuse. They may not believe their family member’s reports of abuse or neglect, due to diagnosed confusion or memory loss.
The Strom Law Firm Understands the Law Regarding Nursing Home Neglect
If you or a loved one was injured or died as a result of nursing home negligence, contact the nursing home attorneys at theStrom Law Firm, LLC today for a free consultation to discuss your situation and to learn more about how we can put our experience to work for you. 803.252.4800.
