The Sun Newspapers had an article which reported that the Golden Living Center Nursing Home in Hopkins was alleged to be negligent by the Minnesota Department of Health concerning a resident who experienced significant weight loss over the period of a month and it was not reported to his primary physician or nurse practitioner.
As an attorney who handles nursing home abuse and neglect cases, I frequently see situations where residents do not receive the necessary nourishment and hydration required for sustaining health. Both state and federal regulations require that a nursing home provide adequate food and water pursuant to the following statutes:
Nutrition The nursing home must maintain acceptable parameters of nutritional status. (42 CFR § 483.25 (i))
Based on a resident’s comprehensive assessment, the facility must ensure that a resident:
(1) Maintains acceptable parameters of nutritional status, such as body weight and protein levels, unless the resident’s clinical condition demonstrates that this is not possible; and
(2) Receives a therapeutic diet when there is a nutritional problem. (42 CFR § 483.25 (i))
Hydration The nursing home must provide each resident with sufficient fluid intake to maintain proper hydration and health. (42 CFR § 483.25 (j))
The facility must provide each resident with sufficient fluid intake to maintain proper hydration and health.
Of all the forms of nursing home abuse and neglect failure to provide adequate nourishment and hydration is one of the easiest to prevent. Nursing homes are mandated by state and federal regulations to timely report any change in a resident’s condition to the treating physician and family, pursuant to 42 CFR § 483.10.
This website is not to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation. In addition to providing related information this blog may also be considered an advertisement for legal services.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota, please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@MNnursinghomeneglect.com, or call Ken at 612-743-9048.