Berkshire Place

Berkshire Place

MI Elder Abuse Free Legal ConsultationDid someone you love suffer elder abuse or neglect at Berkshire Place? Our lawyers can help.

Abuse of the elderly is not acceptable and we fight hard in these types of cases. If you suspect a nursing home or caregiver has caused harm to your loved one in someone elses’ care, contact our law firm today for a free legal consultation.

Talking to us does not obligate you to anything, but we may be able to tell you if you have a claim and the value of your case. If we accept your case, you pay no fee unless we recover for you.

About Berkshire Place

Berkshire Place is a non-profit, 54-bed Medicare/Medicaid certified skilled nursing facility that provides services to the residents of Pittsfield, North Adams, Albany NY, Troy NY, Watervliet NY, Bennington VT, Cohoes NY, Easthampton, Northampton, Westfield, and the other towns in and surrounding Berkshire County, Massachusetts.

Berkshire Place
290 South St,
Pittsfield, MA 01201

Phone: 413-445-4056
Website: http://berkshireplace.com/

CMS Star Quality Rating

Berkshire PlaceThe Centers for Medicare and Medicaid (CMS) rates all nursing homes that accept medicare or medicaid benefits. CMS created a 5 Star Quality Rating System—1 star is the lowest rating and 5 stars is the highest—that look at three areas.

As of 2018, Berkshire Place in Pittsfield, Massachusetts received a rating of 5 out of 5 stars.

Performance Area Rating
Overall Rating 5 out of 5 (Much Above Average)
State Health Inspections 3 out of 5 (Average)
Staffing 5 out of 5 (Much Above Average)
Quality Measures 5 out of 5 (Much Above Average)

Fines Against Berkshire Place

The Federal Government fined Berkshire Place $7,803 on 06/06/2017 June 6th, 2007 in for health and safety violations.

Fines and Penalties

Our Nursing Home Accident Lawyers inspected government records and discovered Berkshire Place committed the following offenses:

Failed to immediately tell the resident, the resident's doctor and a family member of the resident of situations (injury/decline/room, etc.) that affect the resident.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on staff interviews, record and policy review, the facility staff failed to ensure the Physician was updated relative to a resident’s change in condition, for 1 sampled resident (#2), in a total sample of 13 residents.

Findings include:

Review of the undated facility policy for Physician Notification indicated the following: – Upon identification of a resident who has demonstrated clinical changes, changes in condition and/or changes in diagnostic testing, the licensed nurse will perform the appropriate clinical assessments, data collection, and update the Physician. -Urgent notification will occur by licensed nurse calling the Physician, Nurse Practitioner or covering Physician by phone if:

-the clinical status and findings indicate the need for a transfer to the hospital

-a significant change in the resident’s physical, mental or psychosocial status occurs Resident #2 was admitted to the facility in 11/2014 with [DIAGNOSES REDACTED].

Review of the Quarterly Minimum Data Set (MDS) Assessment, with an Assessment Reference Date (ARD) of 12/14/16, indicated that the resident was rarely/never understood/understands, had severe cognitive impairment, was dependent on staff for Activities of Daily Living (ADLs), and received 7 days of anticoagulant medication. Review of the nurse’s note, dated 2/25/17, indicated that at 10:30 P.M., a Certified Nursing Assistant (CNA) observed that Resident #2 had a moderate amount of blood in his/her brief and notified the nurse. The nurse notified the Physician. An order was obtained to check the INR (International Normalized Ratio-measures clotting of the blood) and PT ([MEDICATION NAME] Time-measures blood clotting time) on 2/26/17 in the morning. Review of the nurse’s note, dated 2/26/17 at 3:28 A.M., indicated the resident had moderate to large amounts of vaginal bleeding and was restless during the shift. There was no indication that the Physician had been updated regarding the additional episode of bleeding.

Review of a nurse’s note, dated 6/26/17 at 6:27 A.M., indicated the resident’s gums were bleeding. Mouth care was provided. There was no indication that the Physician was updated regarding the additional episode of bleeding. Review of a Situation Background Assessment and Recommendation Form (SBAR), indicated that on 2/26/17 at 10:40 A.M. the Physician was contacted and had the resident sent to the hospital. The resident was to have a PT/INR blood test done that morning. The blood draw was not done-lab didn’t arrive. The resident had 3 full briefs of blood overnight and one that day. Color was pale, white, gray.

Review of the nurse’s note, dated 2/26/17 at 11:19 A.M., indicated that during care the staff observed that the resident had a full brief of blood. The nurse’s note indicated the resident’s color was pale, white, gray. He/she was cool to the touch and slow to respond to verbal stimuli. The Physician and responsible party were notified of the resident’s condition. A physician’s orders [REDACTED]. Review of the nurse’s note, dated 2/26/17 at 6:00 P.M., indicated the resident was admitted to the hospital with [REDACTED].

During a telephone interview on 6/6/17 at 9:40 A.M., Nurse #2 said she was working during the 11:00 P.M. to 7:00 A.M. shift starting on 2/25/17 and ending on 2/26/17. She said Resident #2 was monitored during her shift and medicated for restlessness with Tylenol. She said that she did not inform the Physician about the episodes of bleeding during her shift. She said the Physician was already updated on the previous shift, and an order had been obtained to check lab work in the morning. During an interview on 6/6/17 at 1:30 P.M., the Director of Nurses (DON) said the Physician should have been notified of the continued change in the resident’s condition.

Failed to provide necessary care and services to maintain the highest well being of each resident

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on staff interviews, record and policy review, the facility staff failed to ensure the necessary care and services were provided to maintain the highest practicable physical well being when the resident had a change in condition for 1 sampled resident (#2), in a total sample of 13 residents.

Findings include:

Review of the undated facility policy for Physician Notification indicated the following:

– Upon identification of a resident who has demonstrated clinical changes, changes in condition and/or changes in diagnostic testing, the licensed nurse will perform the appropriate clinical assessments, data collection, and update the Physician.
-Urgent notification will occur by licensed nurse calling the Physician, Nurse Practitioner or covering Physician by phone if:

-the clinical status and findings indicate the need for a transfer to the hospital -a significant change in the resident’s physical, mental or psychosocial status occurs

Review of the facility policy for Incident/Accident/Medication Error Reporting, revised 3/2013, indicated the following:

– Document the events of a resident incident
– Identify any injuries or adverse reaction
– Examine the entire skin surface, measure all vital signs, assess pain
– Assess any changes in mental and cognitive status
– Observe and assess all neurological signs
– Notify the resident’s attending Physician of the change of condition or any concerns that have been identified
-Notify the resident’s legal representative

Resident #2 was admitted to the facility in 11/2014 with [DIAGNOSES REDACTED]. Review of the resident care plan, initiated 11/18/14, indicated an increased risk of bleeding related to anticoagulation (blood thinning) therapy. Interventions included the following: assess for bone, joint and abdominal pain, monitor for acute bleeding (hematuria-blood in the urine, bruising, positive occult blood in the stools, bleeding gums), and monitor for pallor and cyanosis (bluish or grayish color of the skin, nails, lips or around the eyes). Review of the Quarterly Minimum Data Set (MDS) Assessment, with an Assessment Reference Date (ARD) of 12/14/16, indicated that the resident was rarely/never understood/understands, had severe cognitive impairment, was dependent on staff for Activities of Daily Living (ADLs), and received 7 days of anticoagulant medication. Review of the 2/2017 Weights and Vital Signs (blood pressure, pulse, respirations, temperature and Oxygen saturation level) Summary indicated no vitals signs were documented after 2/22/17.

Review of a laboratory report for an INR (International Normalized Ratio-measures clotting of the blood), dated 2/9/17, indicated the results were 2.3. Normal range was 2 to 3. In addition, the [MEDICATION NAME] Time (PT-measures blood clotting time) was also measured and was 24.1 seconds. The normal range was 9 to 14 seconds. Review of the Physician’s Interim/Telephone Orders, dated 2/9/17, indicated an order to increase the dosage of [MEDICATION NAME] (an anticoagulant medication) from 3.0 milligrams (mg.) to 3.5 mg. daily.

Review of the nurse’s note, dated 2/25/17, indicated that at 10:30 P.M., a Certified Nursing Assistant (CNA) observed that Resident #2 had a moderate amount of blood in his/her brief and notified the nurse. The nurse notified the Physician. An order was obtained to check the INR and PT on 2/26/17 in the morning. No clinical assessment was documented.

Review of the nurse’s note, dated 2/26/17 at 3:16 A.M., indicated the resident was administered 2 tablets of Tylenol (a pain reliever) 650 mg. for restlessness related to moderate amounts of bleeding. No clinical assessment was documented. Review of the nurse’s note, dated 2/26/17 at 3:28 A.M., indicated the resident had moderate to large amounts of vaginal bleeding. He/she was restless during the shift. A pain assessment was completed. No other clinical assessment was documented. Review of the nurse’s note, dated 2/26/17 at 5:04 A.M., indicated that the resident was administered Tylenol 650 mg. for pain.

Review of a nurse’s note, dated 6/26/17 at 6:27 A.M., indicated the resident’s gums were bleeding. Mouth care was provided. No clinical assessment was documented. Review of the nurse’s note, dated 2/26/17 at 9:30 A.M., indicated that the resident was administered 2 tablets of Tylenol 650 mg. for pain. Review of the Physician’s Interim/Telephone Orders, dated 2/26/17 at 10:30 A.M., indicated an order to send the resident to the Emergency Department for evaluation.

Review of a Situation Background Assessment and Recommendation Form (SBAR), indicated that on 2/26/17 at 10:40 A.M. the Physician was contacted and gave an order for [REDACTED]. The blood draw was not done-lab didn’t arrive. The resident had 3 full briefs of blood overnight and one that day. Color was pale, white, gray. Review of the nurse’s note, dated 2/26/17 at 11:19 A.M., indicated that during care the staff observed that the resident had a full brief of blood. The nurse’s note said the resident’s color was pale, white, gray. He/she was cool to the touch and slow to respond to verbal stimuli. Further review of the nurse’s note indicated that vital signs were obtained. The Physician and responsible party were notified of the resident’s condition. An order was obtained to send the resident to the hospital for evaluation. Review of the nurse’s note, dated 2/26/17 at 6:00 P.M., indicated the resident was admitted to the hospital with [REDACTED].

Review of the Hospital Discharge Summary, dated 2/28/17, indicated the resident was admitted to the hospital with [REDACTED]. In addition, the resident received intravenous fluids for acute [MEDICAL CONDITION] (elevated sodium levels) and antibiotics for a urinary tract infection. The PT clotting time on admission to the hospital was initially greater than 150. During an interview on 6/2/17 at 1:20 P.M., Nurse #1 said she was working during the 7:00 A.M. to 3:00 P.M. shift on 2/26/17. She said she had received a report that the resident had bleeding during the previous shifts. Sometime after breakfast when the resident was being changed, blood was again observed in the resident’s brief. Nurse #1 did a clinical assessment, including vital signs, and called the Physician. She could not remember if she had received a report about vital signs being monitored during the night.

During a telephone interview on 6/6/17 at 9:40 A.M., Nurse #2 said she was working during the 11:00 P.M. to 7:00 A.M. shift starting on 2/25/17 and ending on 2/26/17. She said Resident #2 was monitored during her shift and medicated for restlessness with Tylenol. She said she did not inform the Physician about the episodes of bleeding during her shift. In addition, she said if vital signs had been assessed, they would be in the progress notes or in vital signs section of the clinical record. She said the Physician was already updated on the previous shift and an order had been obtained to check lab work in the morning.

During an interview on 6/6/17 at 1:30 P.M., the Director of Nurses (DON) said that an assessment, including obtaining vital signs like blood pressure and assessing other orifices for bleeding, should have been completed when the resident had further bleeding. She also said the Physician should have been notified of the continued change in the resident’s condition.

Berkshire Place, Nursing Home Neglect and Elder Abuse Lawyers

If someone you love has suffered neglect or elder abuse by a senior caregiver, nursing home, or other care facility, our lawyers may be able to help. Regardless of whether or not criminal charges are filed against an alleged abuser, you may still be able to pursue compensation in a civil claim. Compensation in elder abuse cases may be awarded if someone in the care of another suffers harm due to intentional or negligent actions (including failure to take action).

Abuse of the elderly is not acceptable and we fight hard in these types of cases. If you suspect a nursing home or caregiver has caused harm to your loved one in someone elses’ care, contact our law firm today for a free legal consultation. Talking to us does not obligate you to anything, but we may be able to tell you if you have a claim and the value of your case. If we accept your case, you pay no fee unless we recover for you.

Oftentimes, victims of abuse either cannot or will not speak up for themselves out of fear. If you notice any warning signs or symptoms of neglect of abuse an an elderly person, it is important you contact an elder abuse lawyer immediately. Not only are there statute of limitations on filing a claim, but the sooner we start helping you, the easier it will be to collect evidence and talk to any witnesses before important details are lost, hidden, or forgotten.

Boston Personal Injury Lawyers for Elder Abuse Cases

We offer a free, no-obligation legal consultation to help you understand your rights and the value of your case. Our personal injury law firm takes cases involving elder abuse and neglect. We offer legal service to clients in Massachusetts, Rhode Island and New Hampshire.


Sources:

Medicare Nursing Home Profiles and Reports – Berkshire Place

Inspection Report for Berkshire Place – 11/28/2017

Page Last Updated: April 20, 2018

Leave a Reply

Your email address will not be published. Required fields are marked *