Nursing Home Elder Abuse and Neglect

Abuse and neglect of the elderly and vulnerable in nursing homes and other facilities occurs in many forms. Some types of abuse are obvious such as sexual or physical assault or financial exploitation. Others forms of abuse and neglect are less noticeable and are often the result of having fewer nursing staff and aides than are needed and required. Staffing and training issues lead to many forms of avoidable neglect such as: falls, pressure ulcers (bed-sores), medication errors, dehydration and malnourishment, urinary tract infections, unsupervised residents wandering or suffering burn injuries and a multitude of other problems.

Assisting Living Facilities Abuse and Neglect: When someone moves into a building that offers Assisted Living services they are required to sign a rental agreement or lease which covers the occupancy issues of the apartment or living space. Additionally, the resident is required to sign a Service Agreement which addresses the particular services to be given by a licensed home care provider. The contracted services can be supplied by either outside home care providers or the Assisted Living property owners. An Assisted Living property owner must provide basic services, such as on-call 24 hour nursing access, with daily checks on each resident, and help with services such as laundry, meals, transportation and at least three activities of daily living. There must also be a staff person available 24/7 who is awake and able to respond quickly. The facility must have a method to call for help to meet health and safety needs 24/7.

Assisted Living providers must also clearly state what services are offered, allowing consumers to more easily compare facilities and choose one with the appropriate level of care. Minnesota’s Assisted Living Bill of Rights creates specific rights for residents of Assisted Living facilities, including fair and respectful treatment. It further allows the right to choose services and providers; the right to a current Care Plan; the right to participate in care; and the right to change medical or other providers if desired. The Bill of Rights also contains safeguards to basic human rights such as prohibiting harmful treatment and granting the right to self-determination, to privacy, to safety, and to speak out.

Pearson, Randall & Schumacher P.A. is dedicated to holding nursing homes accountable to the contracts they sign with the government, with Medicare and Medicaid, and with families and residents to provide: the “highest quality of care practicable.”

If you or a loved one has suffered injury, abuse or neglect 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.

Elder Law & Estate Planning

Pearson, Randall & Schumacher P.A. is committed to helping elders and families both plan for the future and deal with the present. Relationships with our clients are marked with respect and caring in the midst of often difficult circumstances. We offer unique services at the intersections of Elder Law, Estate Planning, Mediation/Arbitration, and Elder Abuse and Neglect.

Our firm performs Elder Law services such as Guardianships and Conservatorships; Medicare/Medicaid Fraud; Medical Assistance Planning; and advice regarding long-term care placement. With a growing aging population, knowledge of long-term care and funding is critical. Our firm assists those entering long-term care facilities to wade through complex options. Please see our Elder Care Guide on this website as a resource and an example of our knowledge of elder housing and care options.

We also offer estate planning services to help young and old alike. We understand preparing for the unexpected and work with individuals and families to achieve their estate planning goals, from tax sheltering to providing for minor children. By listening to our client’s needs, we work together to determine if a will-based or trust-based estate plan is most appropriate. Our firm handles probate matters. We help personal representatives wrap up the decedent’s estate, often during a vulnerable time.

Finally, our firm offers innovative approaches to elder conflicts. Different situations require different mechanisms for resolution. Some circumstances are well-suited for alternative dispute resolution while other situations require an advocacy role to protect the rights of vulnerable adults. Our firm offers elder mediation and elder advocacy services. Elder mediation services include seeking resolution of care, visitation, family and staff conflicts related to care of a vulnerable adult. Advocacy services include negotiating solutions with long term care providers or presenting information at Resident Advisory Council meetings or other educational settings.

Our Elder Law and Estate Planning services include:

  • Advocating for elders and their families in long-term care facilities
  • Advising on long-term care options
  • Elder Mediation
  • Estate Planning (wills, trusts, health care directives, and powers of attorney)
  • Guardianships and Conservatorships
  • Medicare/Medicaid Fraud
  • Medical Assistance Planning
  • Probate

At Pearson, Randall & Schumacher P.A. we value improving the quality of life for vulnerable adults and their families. We also value planning for the future. If you are interested in drafting a will or trust; need help with a probate matter; know of Medicare fraud; or seek advice on long term care, contact our firm for a free consultation with an experienced attorney at 1-800-774-0757.

Nursing Home Elder Abuse and Neglect

Abuse and neglect of the elderly and vulnerable in nursing homes and other facilities occurs in many forms. Some types of abuse are obvious such as physical or sexual assault or financial exploitation. Others forms of abuse and neglect are less noticeable and are often the result of having fewer nursing staff and aides than are needed and required. Staffing and training issues lead to many forms of avoidable neglect such as: falls, pressure ulcers (bed-sores), medication errors, dehydration, malnourishment, urinary tract infections, unsupervised residents wandering or suffering burn injuries and a multitude of other problems.

Assisted Living Facilities Abuse and Neglect

When someone moves into a building that offers Assisted Living services they are required to sign a rental agreement or lease which covers the occupancy issues of the apartment or living space. Additionally, the resident is required to sign a Service Agreement which addresses the particular services to be given by a licensed home care provider. The contracted services can be supplied by either outside home care providers or the Assisted Living property owners. An Assisted Living property owner must provide basic services, such as on-call 24 hour nursing access, with daily checks on each resident, and help with services such as laundry, meals, transportation and at least three activities of daily living. There must also be a staff person available 24/7 who is awake and able to respond quickly. The facility must have a method to call for help to meet health and safety needs 24/7.

Assisted Living providers must also clearly state what services are offered, allowing consumers to more easily compare facilities and choose one with the appropriate level of care. Minnesota’s Assisted Living Bill of Rights creates specific rights for residents of Assisted Living facilities, including fair and respectful treatment. It further allows the right to choose services and providers; the right to a current Care Plan; the right to participate in care; and the right to change medical or other providers if desired. The Bill of Rights also contains safeguards to basic human rights such as prohibiting harmful treatment and granting the right to self-determination, to privacy, to safety, and to speak out.

Pearson, Randall & Schumacher P.A. is dedicated to holding nursing homes accountable to the contracts they sign with the government, with Medicare and Medicaid, and with families and residents to provide: the “highest quality of care practicable.”

If you or a loved one has suffered injury, abuse or neglect in a nursing home or other care facility serving the elderly or vulnerable 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.