Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
This is an Advertisement Local: 859-317-2056 Toll Free: 877-209-0755

Nursing resident dies from asphyxiation

Neglect and abuse in nursing homes is more common than many people want to consider. These care facilities are tasked with providing our loved ones with exceptional care and comfort in the senior years. However, a case out of Cold Springs, Minnesota, highlights the tragedies that can occur when nursing home neglect occurs.

The Assumption Home has been cited by the Minnesota Department of Health after an investigation into the death of one of its residents. The resident, who had a history of falls and dementia, died in January after the resident’s neck became wedged between the bed railing and the mattress. According to the report by the Department of Health, the nursing home did not conduct an assessment that would have determined if the resident needed to have bed railings used. This assessment is required.

It was determined that asphyxiation was the cause of the resident’s death. Since the tragedy, the nursing home has now put new safety measures into place. The state’s health commission hopes that this needless death will push other nursing home into reviewing their policies when it comes to their use of bedrails.

If you believe a loved one is the victim of nursing home neglect or abuse, do not be afraid to speak up. Contact your local law enforcement and a Kentucky elder care attorney. You and your loved one may be entitled to compensation in a civil action against those responsible. Those claims may include painful suffering, medical expenses, emotional distress and other damages. If your loved died because of the neglect, you may be able to recover compensation for wrongful death. Your attorney will be able to provide more advice on your rights and options.

Source:, “Minn. Nursing home cited for neglect in death” No author given, Jul. 24, 2013

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

No content on this site may be reused in any fashion without written permission from

Sundown Marketing

© 2015 - 2017 O'Brien Batten & Kirtley, PLLC. All rights reserved.
This Sundown Marketing law firm website is designed by

Contact Form Tab