Kenneth L. LaBore d/b/a Guardian Legal Services, LLC

Kenneth L. LaBore is an attorney who works with several other quality attorneys depending on the issues. My practice is focused on taking significant injury and wrongful death cases and handling them with a focus and the client and their family.

Ken's goal is to carefully gather the particular documents specific for each type of case, and review them with the help of expert opinions from qualified nurses, doctors, therapist, and specialist in the related field. The goal is to find out how the system was allowed to break down and lead to a very serious injury and or death.

Most situations of elder abuse and neglect are due to some form or preventable event or pattern at the nursing or care facility. Injuries and death occur from many preventable causes, such as lack of staffing, lack of training, poor medical quality or used medical equipment such as lifts and beds.

The most common forms of serious abuse and neglect in nursing homes and other care facilities happened suddenly such as falls, and some medication errors, others occurs slowly over days or weeks such as pressure sores, dehydration, malnurishment and infectious disease policies.

OUR GOAL IS TO HOLD THE NURSING HOME FINANCILLY ACCOUNTBLE AND MOVE TOWARDS A RESOLUTION OF THE TRUE ISSUES WHICH LEAD TO THE INJURIES OR DEATH.

Kenneth L. LaBore has helped hundreds of injured residents and their families deal with issues of medical malpractice and abuse and neglect in nursing homes, assisted living facilities, group homes, housing with services, hospitals, and many other situations.

The following is an example of some related nursing home abuse and neglect statutes.

To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).

Under the regulations, the nursing home must have sufficient nursing staff. (42 CFR 483.30)

A nursing home must conduct an initial comprehensive and accurate assessment of each resident's functional capacity. (42 CFR 483.20).

The facility must further develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet a resident's medical, nursing, and mental and psychosocial needs that are identified in the comprehensive assessment. (42 CFR 483.20 (k)) and Minnesota Rule 4658.0405, Subp. 1.

Pressure sores. Based on the comprehensive assessment of a resident, the facility must ensure that:
(1) A resident who enters the facility without pressure sores does not develop pressure sores unless the individual's clinical condition demonstrates that they were unavoidable; and
(2) A resident having pressure sores receives necessary treatment and services to promote healing, prevent infection and prevent new sores from developing. (42 CFR 483.25(c))

Urinary Incontinence. Based on the resident's comprehensive assessment, the facility must ensure that:
(1) A resident who enters the facility without an indwelling catheter is not catheterized unless the resident's clinical condition demonstrates that catheterization was necessary; and
(2) A resident who is incontinent of bladder receives appropriate treatment and services to prevent urinary tract infections and to restore as much normal bladder function as possible. (42 CFR 483.25 (d))

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. (42 CFR 483.25 (h))

Maintain acceptable parameters of nutritional status. (42 CFR 483.25 (i))
Nutrition. 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))

Provide each resident with sufficient fluid intake to maintain proper hydration and health. (42 CFR 483.25 (j))
Hydration. The facility must provide each resident with sufficient fluid intake to maintain proper hydration and health.

Ensure that residents are free of any significant medication errors. (42 CFR 483.25 (m)) and Minnesota Rule 4658.1320.

42 CFR 483.25 (m) Medication Errors. The facility must ensure that:
(1) It is free of medication error rates of five percent or greater; and
(2) Residents are free of any significant medication errors.