A Litchfield, Minn., nursing home is being sued by the family of a resident who was burned in an accident after a staff member did not remove the man's oxygen tube and tank before taking him outside and allowing him to smoke.

David Bommer, 55, died five days after the incident at Emmanuel Home in Litchfield.

Bommer was in hospice care at the home early last year with end-stage lung cancer and had difficulty with memory loss and forgetfulness, according to a state investigation report that does not name Bommer.

His care plan at the nursing home said that he was to be assisted with smoking because he was weak and had more potential for injury because of his use of oxygen. The plan directed staff to remove his oxygen tank from his wheelchair before allowing him to smoke.

The state found that both the staff member and the nursing home were at fault, saying the home did not have an adequate smoking policy in place and failed to train all staff on oxygen and smoking safety.

Emmanuel Home adopted new policies that will increase staff training, improve safety warnings and keep residents on oxygen from smoking, according to state records.