Brighton House Skilled Nursing Home and Rehabilitation

MI Elder Abuse Free Legal ConsultationDid someone you love suffer elder abuse or neglect at Brighton House Skilled Nursing Home and Rehabilitation? 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 Brighton House Skilled Nursing Home and Rehabilitation

Brighton House Skilled Nursing Home and Rehabilitation is a for profit, 78-bed Medicare/Medicaid certified skilled nursing facility that provides services to the residents of Brookline, Cambridge, Boston, Somerville,  Watertown, Chelsea, Medford, Everett, Belmont, Arlington, and the other towns in and surrounding Suffolk County, Massachusetts.

Brighton House Skilled Nursing Home and Rehabilitation
8244, 170 Corey Rd,
Brighton, MA 02135

Phone: (617) 731-0515
Website: https://www.banecare.com/Brighton-House-skilled-nursing-home-rehabilitation

CMS Star Quality Rating

The 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 March 2018, Brighton House Skilled Nursing Home and Rehabilitation in Brighton, Massachusetts received a rating of 3 out of 5 stars.

Performance Area Rating
Overall Rating 3 out of 5 (Average)
State Health Inspections 2 out of 5 (Below Average)
Staffing 4 out of 5 (Above Average)
Quality Measures 3 out of 5 (Average)

 

Fines and Penalties

Our Nursing Home Accident Lawyers inspected government records and discovered Brighton House Skilled Nursing Home and  Rehabilitation committed the following offenses:

Failed to determine if it is safe for the resident to self-administer drugs.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and staff interview, the facility failed to assess for the self-administration of medication prior to allowing 1 Resident (#9) in a total sample of 15 Residents, to self administer medication.

Findings include:

Resident #9 was admitted to the facility in 2/2017 with the following Diagnoses: [REDACTED]. On 2/28/17 at 9:30 A.M., during a medication pass observation with Medication Nurse (MN) #1, MN #1 was observed administering all scheduled morning medications for Resident #9. MN#1 checked his Medication cart for [MEDICATION NAME] Nasal Spray and told Surveyor #2 that the [MEDICATION NAME] Nasal Spray was not in the medication cart. MN#1 said he would then check for the [MEDICATION NAME] Nasal Spray in the Resident’s room. MN#1 and Surveyor #2 observed the bottle of [MEDICATION NAME] Nasal Spray on the Resident’s overbed tray table. When MN#1 tried to administer the [MEDICATION NAME] Nasal Spray to the resident, the Resident told MN #1 that he/she already administered it to himself/herself, and said the nurse forgot it here yesterday. MN #1 then told Surveyor #2 that the previous nurse probably left it on the tray table after administering it last night, and that he will find out who the nurse was.

Record review on 2/28/17 indicated there was no Assessment For The Self-Administration Of Medication found in the resident’s chart. On 02/28/17 at 10:20 A.M., Unit Manger #1 was interviewed and said that Resident #9 was not assessed for Self-Administration of Medication and he would conduct an investigation as to who the nurse was that left the Nasal Spray on the tray table. Unit Manager #1 further said that he would do an Inservice for all the nurses.

Failed to provide care by qualified persons according to each resident's written plan of care.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and resident and staff interview, the facility failed to provide services in accordance with the medical plan of care for 3 Residents (#1, #7 and #9) in a total sample of 15 residents.

Findings include:

1. For Resident #7, the facility failed to follow a 12/27/16 physician’s orders [REDACTED].M. Review of the resident’s clinical record on 2/01/17, indicated the resident was admitted to the facility in 7/2014 with [DIAGNOSES REDACTED].

Review of the 2/2017 Treatment Administration Order (TAR) indicated that weights were not recorded on the following 6 dates as ordered.

2/01/17, 2/03/17, 2/08/17, 2/10/17, 02/15/17 and 2/18/17. There was no written documentation indicating why they weren’t recorded. Review of the 1/2017 TAR indicated that weights were not recorded on 4 dates as ordered: 1/09/17, 1/23/17, 1/25/17 and 1/30/17.

There was no written documentation indicating why they weren’t recorded. On 3/02/17 at 8:25 A.M., an interview was held with C.N.A. #1. She said that she provides care to the resident and said that she did not weigh the resident on 3/01/17 as the resident refused to be weighed. She said the resident has refused to be weighed at times and when she refuses, she (the aide) will notify the nurse. She said she notified Medication Nurse (MN) #6 yesterday of the resident’s refusal to be weighed.

On 3/02/17 at 10:25 A.M. an interview was held with MN #6. She said the resident has a history of refusing weights. She said that when the resident refuses to be weighed, she documents the information. She then showed that she documented on 3/01/17 that the resident refused to be weighed. Surveyor #3 asked MN #6 if she had notified the Physician of the resident’s history of refusing weights (10 times between 1/2017 and 2/2017). She said that she may have told the Nurse Practitioner in passing but she did not think she documented it.

Review of the 1/2017 and 2/2017 Nurses notes and Physician notes did not include information that the Physician/NP were aware that the resident was refusing weights. On 3/02/17 at 10:50 A.M., an interview was held with Unit Manager (U.M.#2). The above information was discussed with her. U.M. #2 said that she was unaware that the resident was refusing weights and said that it was important for the physician to have been notified due to two medications ([MEDICATION NAME] and [MEDICATION NAME]) that are administered to him/her based on his/her weights.

2. For resident #9, the facility failed to ensure that the physician’s orders [REDACTED]. Resident #9 was admitted to the facility in 2/2017 with [DIAGNOSES REDACTED]. A review of the physician’s orders [REDACTED].M. indicated that staff was to apply thigh hi compression stockings to the resident’s left leg , on in A.M. and off at night. An interview was held with the resident on 2/27/17 at 1:00 P.M. He/she said that he/she has not been given compression stockings to wear by the nursing staff since he was admitted to the facility from the hospital. The Initial Minimum (MDS) data set [DATE] indicated the resident was alert and oriented and was recovering from a surgical wound. The resident was observed on the following dates and times without compression stockings on: 2/27/17 at 1:00 P.M. and 1:35 P.M. 2/28/17 at 9:30 A.M., 12:30 P.M. and 3:15 P.M. 3/01/17 at 8:50 A.M. A review of the 2/2017 Medication Administration Record [REDACTED].M.-3 P.M. shifts and the 3 P.M.-11:00 P.M. shifts. On 3/02/17 at 2:00 P.M., an interview was held with Director of Nursing and the Administrator and they were informed of the above findings.

3. For Resident #1, the facility failed to ensure that boots were worn at all times per the plan of care. On 2/27/17, at 11:00 A.M., during chart review. It was noted that resident #1’s care plan for skin stated that the resident should wear boots at all times, when in bed or seated in the Geri chair. On 2/27/17 at 1:00 P.M., resident #1 was observed in the main dining area seated in a Geri chair, resident #1 was wearing socks. At 2:30 P.M. to 2:45 P.M., resident #1 was observed in the dining area seated in a Geri chair wearing socks. On 2/28/17, at 7:25 A.M., resident #1 was observed lying in bed, wearing socks. On 2/28/17, at 10:00 A.M., Surveyor #1 interviewed Staff Nurse #1. When asked about Resident #1’s boots, the nurse said that the boot s were dirty and were sent to the laundry the day before. She said that the resident should be wearing the boots always. Staff nurse #1 then obtained boots and applied them to Resident #1.

Failed to keep the rate of medication errors (wrong drug, wrong dose, wrong time) to less than 5%

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and interview, the facility failed to ensure that the medication error rate was less than 5% during observation of medication pass on 2/28/17. Surveyor #2 observed a total of 2 errors out of 25 opportunities, for an error rate of 8%.

Findings include:

1. Resident #9 was admitted to the facility in 02/2017 with the following Diagnoses: [REDACTED]. Review of physician’s orders [REDACTED].>-[MEDICATION NAME] 50 mcg nasal spray, inhale one spray in each nostril daily.

-[MEDICATION NAME] HFA 110 mcg aerosol inhaler, inhale one puff two times a day. On 2/28/17 at 9:30 A.M. Medication Nurse (MN) #1 could not find the bottle of [MEDICATION NAME] 50 mcg Nasal Spray in his medication cart. He told surveyor that he would check Resident #9’s room. Surveyor #2 observed a bottle of [MEDICATION NAME] Nasal Inhaler on the overbed tray table. Resident #9 told MN #1 that he/she already administered it and the nurse forgot it here yesterday. MN #1 proceeded to administer scheduled morning medications, including [MEDICATION NAME] HFA and instructed Resident #9 to take two puffs instead of one puff as ordered. MN #1 said he did not know who was the last nurse that administered the [MEDICATION NAME] and left it in the Resident’s room.

On 02/28/17 at 10:00 A.M., record review indicated the resident signed a form on admission requesting that his/her medications be administered by licensed nurses. On 02/28/17 at 10:20 A.M. Unit Manger (UM) #1 was interviewed and said that Resident #9 was not assessed for Self-Administration of Medication and he will conduct an investigation as to who the nurse was that left the Nasal Spray on the tray table.

2. Non sampled Resident #1 was admitted to the facility in 3/2015 with the following Diagnoses: [REDACTED]. Review of the physician’s orders [REDACTED].#1 had an order of Fingerstick blood sugar with [MEDICATION NAME] Insulin coverage for four times a day at 7:30 A.M., 11:30 A.M., 4:30 P.M. and 9:00 P.M.

On 2/28/17 at 10:00 A.M. the Medication Nurse (MN) #5 checked the blood sugar and gave insulin coverage for non-sampled Resident #1 that was scheduled for 7:30 A.M. MN #5 acknowledged to Surveyor #2 that she was late in checking blood sugars and administering the Resident’s insulin coverage. On 2/28/17 at 11 A.M. Unit Manger #1 was interviewed and said that Fingerstick blood sugars and insulin coverage should be done timely and that he will speak to MN #5 and will do inservices with all the nurses.

Failed to make sure menus meet the resident's nutritional needs and that there is a prepared menu by which nutritious meals have been planned for the resident and followed.

Based on observation, record review and resident and staff interview, the facility failed to ensure that menus were followed as ordered for 2 sampled residents (#6 and #9,) in a sample of 15 residents as well as 1 non-sampled resident.

Findings include:

On 2/28/17 at 10:30 A.M., a group meeting was held with 16 residents. During the meeting one non-sampled resident said that he/she doesn’t always receive their meal selection on their trays. The resident said, they go through the work of giving out a printed menu for the week and some things you don’t get. I have turned in 4 slips to the Director of Nurses .and he has seen it.

1. On 2/28/17 at 12:30 P.M., resident #6 was observed seated in the dining room. Medication Nurse #1 was observed checking the resident’s tray prior to serving it to him/her. The resident’s meal tray was observed and the diet slip indicated the resident was to receive a garden salad. Per observation, there was no garden salad included on the resident’s tray. Immediately thereafter, Surveyor #3 spoke with Medication Nurse #1. He said that the resident should have received a garden salad and he will follow up with the kitchen.

2. On 3/01/17 at 8:50 A.M., resident #9 was observed eating his/her breakfast in his/her room. The resident was almost finished eating when he/she told Surveyor #3 that no one served him/her hot water to go with his/her coffee. He/she said, I need to have my coffee when I am eating my breakfast. On 3/02/17 at 2:15 P.M., an interview was held with the Administrator and the Director of Nursing. Surveyor #3 informed them of the above observations and they said they would address the issue of residents’ not receiving the foods that are identified on their diet slips.

Failed to provide food in a way that meets a resident's needs.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, documentation review and staff interview, the facility failed to provide food according to assessment for 2 sampled residents (#6 and #12) in a sample of 15 residents.

Findings include:

1. On 3/02/17 at 8:15 A.M., resident #12 was observed sitting in a geri-recliner in the dining room. The resident’s diet slip indicated the resident was to receive 2 super cereals. Medication Nurse #2 was observed checking trays before having them passed out. The resident received only 1 supercereal. On 3/02/17 at 2:15 P.M., an interview was held with the Administrator and the Director of Nursing. Surveyor #3 informed them of the above observation and they indicated they would address the issue of the resident not receiving the food that was identified on his/her diet slip.

2. For Resident #6, the facility failed to ensure that liquids were thickened as ordered. Resident #6 was admitted to the Facility in 12/2016 with [DIAGNOSES REDACTED]. Record review on 2/27/17 indicated that the speech therapist recently recommended the resident’s diet order be changed to Nectar thick consistency. On 2/21/17, the resident’s physician’s orders [REDACTED]. On 2/28/17 at 8:35A.M. the resident was observed sitting up in bed with a meal tray atop his/her overbed tray table. The resident’s diet slip indicated the resident was on a cardiac/regular nectar thickened liquid diet. A cup of unthickened hot water with a tea bag inside were observed on the resident’s tray and a half filled regular bottle of water was also observed on the resident’s tray table. Immediately thereafter, Surveyor #3 spoke to Medication Nurse (MN) #1 and he said the resident should have received thickened liquids. At that time 2 aides entered the room. MN #1 said to them the resident is on thickened liquids and one of the aides was overheard saying, I did not know she was on thickened liquids. Surveyor #3 asked this aide if she had been caring for this resident for the past few weeks and she acknowledged that she had been.

On 2/28/17 at 8:45 A.M., an interview was held with MN #1. Surveyor #3 informed MN #1 that one of the aides was overheard saying that she did not know the resident was on a thickened liquid diet. Surveyor #3 asked why the aide did not know about the resident’s changed 2/21/17 diet order to thickened liquids. MN #1 said that he has educated all the aides on the floor when a resident has a diet order change and he did educate this aide about this resident’s diet change to nectar thick liquids. He said he is constantly reminding them of any changes. He further said that the aide should have thickened this resident’s drink before serving it to him/her.

Failed to store, cook, and serve food in a safe and clean way

Based on observation and staff interview, the facility failed to discard spoiled food in a timely manner and failed to conduct a meal service in accordance with professional standards for food service safety.

Findings include:

1. On 2/27/17, at 7:45 A.M., Surveyor #1 made the following observations in the kitchen: Upon entering the walk in refrigerator with the Food Service Manager (FSM), there was no posted signage on the outside of the refrigerator noting that the refrigerator was not working. Inside of the refrigerator, the atmosphere was warm and muggy. The temperature was noted to be 74 degrees Fahrenheit, by the FSM. The FSM said the the refrigerator broke sometime between 2/25/17 and 2/26/17.

On the bottom shelf, Surveyor #1 observed a large open box of potatoes with a rotted blackened potato on top with fluid seeping out of onto the other potatoes. On the second shelf, Surveyor #1 noted a clear plastic bag containing cucumbers. The cucumbers had multiple spots with mold, and the bag contained approximately a cup of yellow fluid that appeared to be decomposed cucumber juice. Next to the cucumbers was a full box of tomatoes. Most of the tomatoes had mold growing on the outside skin. Noted on the top shelf was a tray of lettuce heads, all were wilted and the lettuce was turning brown on the outside leafs. At the end of the shelf were three bags of french toast (21 slices of toast total). On the opposite side of the refrigerator on the top shelf were two large boxes of margarine. One box of 30 lb of margarine not opened and a second box contained nine 1 lb margarine sticks, the outside label of the boxes read keep refrigerated.

At 8:15 A.M., Surveyor #3 observed Cook #1 drinking from his own water bottle and placing it down on the prep table where breakfast foods were being prepared. Surveyor #3 informed him that he cannot keep his own water bottle in the kitchen. He said he was unaware that he could not keep it in the kitchen and subsequently removed it.

At 8:21 A.M., Surveyor #1 and Surveyor #3 interviewed the Dietician. The Dietician stated that she was notified on 2/26/17, she then came in to assist the cook with implementing the emergency food plan. She said that all the food was discarded from the refrigerator. When asked why the refrigerator still contained food, the dietician stated I didn’t have any where to put it. She said that for 2/26/17, she bought milk at a local grocery store and that a shipment of dairy products was to be delivered in the morning of 2/27/17 to

Providence House’s refrigerator ( an assisted living facility connected by the 1st floor hallway).

At 10:24 A.M., Surveyor #1 and Surveyor #2 met with the Administrator, who said that he instructed the dietician to remove all food from the refrigerator on 2/26/17. The administrator stated No food should have been in that fridge.

2. On 2/28/17 at 12:00 P.M., during preparation of the noon meal service,, Surveyor #3 observed the main kitchen door ajar and being held open by a person inside not wearing a hair net. A ladder was observed in the kitchen, a ceiling tile was missing (above the ladder) and wiring was observed hanging down from the ceiling. Surveyor #3 asked the person holding the door open what was going on. He shrugged his shoulders and immediately left the kitchen. Surveyor #3 entered the kitchen and found the door to the walk-in refrigerator wide open with 2 workmen, not wearing hair nets, working inside the refrigerator. They said they were repairing the refrigerator and had been working inside the refrigerator since 7:00 A.M. Surveyor #3 informed the workmen that they could not work in the kitchen during the meal service and could only work in the kitchen when the meal service was not taking place. Both workmen left the kitchen.

Surveyor #3 then observed the person (initially noted above) sitting in the Maintenance office. Surveyor #3 asked him to identify himself and he said he worked for the facility on the corporate level. Surveyor #3 discussed the above observations with him and he said he understood that workmen should not have been working in the kitchen during the preparation and serving of the noon time meal. On 3/02/17 at 2:00 P.M., the Director of Nurses and the Administrator were informed of the above findings.

Failed to have a program that investigates, controls and keeps infection from spreading.

Based on observation, and interview, the facility failed to follow proper infection control for the prevention and spread of infection during a dressing change for 1 Resident (#2), out of 15 sampled residents.

Findings include:

On 3/1/17, at 6:20 A.M., Surveyor #1 entered resident #2’s room to observe a dressing change on the resident’s pressure ulcer located on her left buttock. The dressing change was being performed by staff nurse#4.

At 6:25 A.M. staff nurse #4 washed his hands and donned gloves. He then proceeded to pour saline over a 4×4 gauze and clean the resident’s wound from the inside out in a circular pattern. He repeated this twice and then removed his gloves. Without washing his hands or donning a new pair of gloves, staff nurse #4 then opened that packing material. Holding the packing material with his bare hands, the nurse then cut a smaller piece of packing material and placed it on the bedside table. He then opened the Santyl ointment with his bare hands and placed the open tube onto the bedside table. The nurse then opened a cotton swab with his bare hands and picked up the Santyl ointment, and then squeezed the contents onto the cannot swab. He then picked up the packing material and spread the ointment onto the packing material. He then leaned over the patient and appearing to pack the wound with the dressing. At no point did the nurse wash his hands or put on gloves since cleaning the wound. Surveyor #1 stopped staff nurse #4 and asked what he was planning to do? Nurse #4 then said he was going to pack the wound with the packing material. Surveyor #1 then stopped the nurse form using the decontaminated packing.

When Surveyor #1 interviewed the Nurse #4, the nurse said that he should have washed his hands, put on gloves and maintained a clean environment after cleaning the wound. He stated I did it wrong.

Brighton House Skilled Nursing Home and Rehabilitation, 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 – Brighton House Skilled Nursing Home and Rehabilitation

Inspection Report for Brighton House Skilled Nursing Home and Rehabilitation – 03/02/2017

Page Last Updated: March 15, 2018

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