Burn Injury is Preventable with Proper Care

Elder Burn Injury. Nursing homes across Minnesota have an obligation to comply with minimum care standards established by state and federal regulations.   Many times the explanation for a burn injury, which occurs to residents of Minnesota nursing homes, assisted living and other types of elder care facilities is related to a corporate organization which is focused on maximizing profits at the expense of safety.   Many of the burn injury incidents resulting in serious injury or deaths could have been prevented with increased numbers of attentive and well qualified staff providing additional supervision.

Elder Abuse Burn Injury

Minnesota law requires that a nursing home must have on duty at all times a sufficient number of qualified nursing personnel, including registered nurses, licensed practical nurses, and nursing assistants to meet the needs of the residents at all nurses’ stations, on all floors, and in all buildings if more than one building is involved.  This includes relief duty, weekends, and vacation replacements. Minnesota Rule 4658.0015 states that a nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home. Minnesota Rule 4658.0105 mandates that a nursing home must ensure that direct care staff are able to demonstrate competency in skills and techniques necessary to care for residents’ needs, as identified through the comprehensive resident assessments and described in the comprehensive plan of care, and are able to perform their assigned duties. According to Minnesota Statute 626.5572, Subd. 3. Accident. “Accident” means a sudden, unforeseen, and unexpected occurrence or event which: (1) is not likely to occur and which could not have been prevented by exercise of due care; and (2) if occurring while a vulnerable adult is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event.

Federal Nursing Home Safety Regulations

Pursuant to federal regulation, 42 CFR §483.25 (h), Accidents; the facility must ensure that: (1) The resident environment remains as free of accident hazards as is possible; and (2) Each resident receives adequate supervision and assistance devices to prevent accidents. Despite the state and federal regulations designed to protect vulnerable adult, there are still an unacceptably high number of preventable burn incidents in nursing homes but the most common involve hot water scalding burn injuries in bathtubs or showers, or thermal burns due to the misuse of hot packs, or injuries due unsupervised smoking of resident, especially when using oxygen. Oxygen burn injuries. Whatever the nature of the burn, the underlying reason may well be due to nursing home neglect.  Since the residents of Minnesota nursing homes residents are considered vulnerable adults by legal definition it is the duty of the nursing home facility to assess the resident for risks and then keep them safe from those preventable risks, such as smoking in bed or with an oxygen tank on providing oxygen to the resident at the same time.

Hire an Experienced Elder Abuse Attorney

Contact a Burn Injury Lawyer For a Free Consultation. A lack of care is often to blame for burns in nursing homes.  Contacting an experienced nursing home neglect attorney can assist you in ensuring that the facility is held accountable for a burns or other injuries sustained to yourself or loved one. Call Kenneth LaBore to discuss your concerns at 612-743-9048 or by email at klabore@MNnursinghomeneglect.com.

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