When you place a parent or loved one in a nursing home, you trust the staff to keep them safe. Unexplained bruises, bedsores, poor hygiene or a loved one who becomes withdrawn or agitated can be signs of abuse or neglect.
Minnesota law says residents shall be free from maltreatment (Minn. Stat. § 144.651, subd. 14). Families can report suspected abuse and, separately, ask whether a civil claim makes sense. Our Minneapolis-area office handles nursing home abuse and neglect cases, and we work on a contingency fee, which means you pay no attorney fee unless we recover money for you.
The Care Minnesota Residents Are Owed
Minnesota’s Health Care Bill of Rights sets out standards that nursing homes and other health care facilities must meet. Among them:
- The right to appropriate medical and personal care based on individual needs (Minn. Stat. § 144.651, subd. 6)
- Freedom from maltreatment as defined in the Vulnerable Adults Protection Act (Minn. Stat. § 144.651, subd. 14)
- Freedom from nontherapeutic chemical and physical restraints, except in fully documented emergencies, or as authorized in writing after examination by the resident’s physician, advanced practice registered nurse or physician assistant for a specified and limited period of time, and only when necessary to protect the resident from self-injury or injury to others (Minn. Stat. § 144.651, subd. 14)
- The right to voice grievances free from interference, coercion, discrimination or reprisal, including threat of discharge (Minn. Stat. § 144.651, subd. 20)
Facilities must also post contact information for the Office of Health Facility Complaints and the area nursing home ombudsman (Minn. Stat. § 144.651, subd. 20).
Neglect, Abuse and the Vulnerable Adults Act
Minnesota’s Vulnerable Adults Act protects any person 18 or older who is a resident or inpatient of a facility, among others (Minn. Stat. § 626.5572, subd. 21).
What the law calls neglect and abuse
Caregiver neglect includes the failure or omission by a caregiver to supply a vulnerable adult with care or services, including food, clothing, shelter, health care or supervision (Minn. Stat. § 626.5572, subd. 17(b)). Abuse includes conduct that amounts to assault, among other acts (Minn. Stat. § 626.5572, subd. 2).
Mandated reporters
A mandated reporter who has reason to believe a vulnerable adult is being or has been maltreated, or who knows of a physical injury that is not reasonably explained, must immediately report it (Minn. Stat. § 626.557, subd. 3(a)). A mandated reporter who negligently or intentionally fails to report is liable for damages caused by that failure (Minn. Stat. § 626.557, subd. 7).
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A vulnerable adult who is a victim of financial exploitation can sue the person who committed it and recover three times the compensatory damages or $10,000, whichever is greater, plus reasonable attorney fees and costs (Minn. Stat. § 626.557, subd. 20). That claim can be brought whether or not there has been a report, a criminal complaint or a conviction (Minn. Stat. § 626.557, subd. 20).
How to Report Suspected Abuse in Minnesota
If a resident is in immediate danger, call 911. Otherwise, you can report suspected maltreatment of a vulnerable adult to the Minnesota Adult Abuse Reporting Center (MAARC), which takes reports 24 hours a day, seven days a week. You can also raise concerns with the facility’s administrator and the area nursing home ombudsman.
Reporting and bringing a civil claim are separate steps. A report can lead to an investigation. A civil claim seeks compensation for the harm your loved one suffered. You can do one, both or neither, and we can help you think through the options.
Deadlines for Nursing Home Claims
Nursing home cases can have shorter deadlines and special filing requirements than other injury claims (Minn. Stat. § 541.076; Minn. Stat. § 145.682, subd. 2). Which rules apply depends on the facts and on how the claim is brought, so call early rather than assuming you have plenty of time.
Common Forms of Nursing Home Abuse and Neglect
Bedsores and pressure injuries
To prevent bedsores, people in bed should change position every 1 to 2 hours, and those who cannot move on their own need help to do it. Federal rules for nursing homes in Medicare or Medicaid require care to prevent pressure ulcers, and a resident should not develop them unless their clinical condition made them unavoidable (42 CFR 483.25(b)(1)).
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Falls can cause head injuries, and falls are the most common cause of traumatic brain injuries. The same federal rules require nursing homes to keep the environment as free of accident hazards as possible and to give each resident adequate supervision and assistance devices to prevent accidents (42 CFR 483.25(d)). Our Minneapolis brain injury lawyers handle head injuries from falls.
Dehydration and malnutrition
Federal rules require nursing homes to help each resident maintain acceptable nutrition, such as a usual body weight, and to offer enough fluids to stay properly hydrated (42 CFR 483.25(g)).
Medication errors and improper restraints
Federal rules require nursing homes to keep residents free of significant medication errors and free from physical or chemical restraints used for discipline or convenience rather than to treat medical symptoms (42 CFR 483.45(f); 42 CFR 483.10(e)(1)).
Physical, emotional and sexual abuse
Withdrawal, agitation, fearfulness or unexplained bruises and cuts can be signs of abuse. Our Minneapolis sexual abuse lawyers handle these sensitive cases with care.
Compensation for Nursing Home Abuse and Neglect
A claim seeks payment for the harm the resident suffered. The losses we document often include hospital stays, wound care, added medical costs and pain and suffering.
Minnesota allows punitive damages only on clear and convincing evidence that the defendant showed deliberate disregard for the rights or safety of others (Minn. Stat. § 549.20, subd. 1(a)). Against a facility, punitive damages for an employee’s conduct are limited to certain situations, such as when the employee was unfit and the facility deliberately disregarded a high probability that the employee was unfit (Minn. Stat. § 549.20, subd. 2). They are uncommon: a federal study of tort trials in large counties found that about 5% of winning plaintiffs received them, and no one can promise them.
What to Do If You Suspect Abuse or Neglect
- Call 911 if your loved one is in immediate danger
- Photograph injuries, bedsores and living conditions, with dates
- Write down what you see and what staff tell you, including names and times
- Report your concerns to MAARC and to the facility’s administrator
- Ask for a care plan meeting and request copies of your loved one’s records
- Arrange an outside medical evaluation if you can
- Call 844-SEE-MIKE for a free consultation
How 844-SEE-MIKE Helps Minneapolis Nursing Home Residents and Families
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
We move quickly to preserve the evidence while you focus on getting your loved one to a safe place.
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Did signing the admission papers waive my parent’s rights?
Not as a condition of admission. Minnesota law says no health care facility may require a resident to waive these rights as a condition of admission (Minn. Stat. § 144.651, subd. 1). Bring the admission agreement to your consultation so we can review it.
How can I tell neglect apart from normal aging?
Sudden changes are worth questioning. New bedsores, unexplained bruises or cuts, poor hygiene or mood changes can be signs of neglect or abuse. Asking for records and an outside medical opinion can help sort it out.
What if my loved one has dementia and cannot explain what happened?
Medical records, care plans, staffing schedules, photos and what family members observed can all help show what happened.
Can our family bring a claim if our loved one has passed away?
Yes, it may be possible. In Minnesota, a wrongful death claim is brought by a trustee the court appoints on the petition of the surviving spouse or one of the next of kin (Minn. Stat. § 573.02, subd. 3). We can explain the process and the timing that applies to your situation.
If you or someone you love was hurt in Minneapolis, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
You can also learn more about our Minneapolis personal injury lawyers and the other cases our office handles.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
