Lee Healthcare

MI Elder Abuse Free Legal ConsultationDid someone you love suffer elder abuse or neglect at Lee Healthcare? 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 Lee Healthcare

Lee Healthcare is a for profit, 88-bed Medicare/Medicaid certified skilled nursing facility that provides services to the residents of Lee, Pittsfield, North Adams, Easthampton,  Westfield, Albany, Northampton, Troy, Watervliet,  Southwick, Holyoke, and the other towns in and surrounding Berkshire County, Massachusetts.

Lee Healthcare
620 Laurel St,
Lee, MA 01238

Phone: (413) 243-2010

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 2018, Lee Healthcare in Lee, Massachusetts received a rating of 2 out of 5 stars.

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

Fines Against Lee Healthcare

The Federal Government fined Lee Healthcare $1,625 on December 22nd 2015 and $6,899 on March 15th 2017 for health and safety violations.

Fines and Penalties

Our Nursing Home Accident Lawyers inspected government records and discovered Lee Healthcare committed the following offenses:

Failed to Hire only people with no legal history of abusing, neglecting or mistreating residents; or report and investigate any acts or reports of abuse, neglect or mistreatment of residents.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, observation and interviews, the facility failed to report and investigate a bruise of unknown origin for 1 (#10) resident out of a total sample of 17 residents.

Findings include:

The facility’s policy, Detecting Abuse, Neglect, Misappropriation, and Injuries of Unknown Origin, included the process for reporting injuries of unknown source to to a senior clinician, or operational leader at the facility and investigating injuries of unknown origin.

Resident #10 was admitted to the facility in 5/2015, with [DIAGNOSES REDACTED]. The Quarterly Minimum Data Set, with the Assessment Reference Date of 5/30/17, indicated the resident had a Brief Interview for Mental Status score of 7 out of 15 (severe cognitive deficits), had no behaviors, was an extensive assist of 2 for bed mobility and bathing, was dependent for transfers and was an extensive assist of 1 for dressing and personal hygiene.

The current care plan for potential to skin integrity, related to fragile skin, included the following interventions:
– Use caution during transfers and bed mobility to prevent striking arms, legs and hands against any sharp or hard surfaces.
– Weekly skin check. The weekly skin check, dated 6/20/17, indicated that there were no new skin conditions since the last documented skin check.

On 6/28/17, a note was left for the Surveyors that indicated Resident #10 had a significant bruise to the left upper arm that looked to be about a week old, with no documentation.

On 6/28/17 at 1:50 P.M., the Surveyor asked the Assistant Director of Nursing (ADON) to assess Resident #10’s upper left arm. The ADON lifted up the resident’s sleeve to the left upper arm to reveal a large bruise with various stages of yellow and purple discoloration. The resident was unable to offer any information regarding the bruise. The ADON measured the bruise at 4.0 centimeters (cm) by 7.0 cm. The ADON said that she was unaware of this bruise and was unable to locate any documentation on the bruise. She said she would start an investigation.

During an interview, on 6/28/17 at 3:10 P.M., Certified Nursing Assistant (CNA) #1, said that she had been out of work for several days, but had returned to work 10 days ago (6/18/17), when she noticed the bruise. CNA #1 said that she spoke to another CNA about the bruise, but the other CNA acted like it was no big deal. I assumed everyone knew about it.

During an interview, on 6/28/17 at 3:45 P.M., the Director of Nursing (DON) was asked about the weekly skin check dated (6/20/17), that indicated there were no new skin conditions. The DON said that the documentation was inaccurate.

During an interview, on 6/29/27 at 8:30 A.M., the DON said that she had started an investigation. She said a CNA had reported the bruise to a nurse on (6/15/17) and the nurse did not follow up on the report or document on the bruise.

Failed to develop a complete care plan that meets all of a resident's needs, with timetables and actions that can be measured.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and interview, the facility failed to develop a comprehensive individualized plan of care to address scratching of the face for 1 resident (#8) in a total sample of 17 residents.

Findings include:

Resident #8 was admitted to the facility in 3/2013 and readmitted in 6/2014 with [DIAGNOSES REDACTED].

Review of the quarterly Minimum Data Set, with an Assessment Reference Date of 4/18/17, indicated that the resident had short and long term memory loss, rejected care 4 to 6 days a week, was dependent, required 2 assists with transfer, required extensive assist with bathing and dressing, and receive assist with hygiene only once or twice in 7 days and utilized a feeding tube.

On 6/27/17 at 8:55 A.M., Resident #8 was observed sitting in a Broda chair in the Dayroom. Resident #8 had multiple scratches on his forehead and nose. The resident’s fingernails were short.

Review of the Activities of Daily Living plan of care indicated clip fingernails as needed.

Review of the [MEDICAL CONDITION]’s – End of Life Care with potential for worsening of choreic movements and superficial skin injuries indicated the following: monitor skin condition, provide protective garments (e.g. long sleeves, bicycle shorts, helmet etc.); but the plan did not identify the resident’s behavior of scratching his/her face or list any individualized interventions.

On 6/27/17 at 2:15 P.M., Unit Manager (UM) #2 said that the plan of care did not identify Resident #8’s behavior of scratching his/her face and did not include any individualized interventions. UM #2 said that she would order protective hand wear.

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 record review, observation and interview, the facility failed to follow the plan of care for 3 patients (#1, 9 and 11) in a total of 17 residents.

Findings include:

1. For Resident #11, the facility failed to follow the plan of care for fall interventions.

Resident #11 was admitted to the facility in 2/2016, with [DIAGNOSES REDACTED]. The high risk for falls care plan, updated on 2/18/17, indicated the resident had dementia, decreased safety awareness, was impulsive and weak. The interventions included the following:

– Alarming floor mat.
– Bed alarm in bed.
– Education given to Certified Nursing Assistant (CNA): resident not to be left alone in bathroom.
– tab alarm in wheelchair at all times.
– to be in a supervised area when out of bed and family is not visiting.

Review of the Quarterly Minimum Data Set (MDS), with the Assessment Reference Date (ARD) of 4/4/17, indicated the resident had a Brief Interview of Mental Status score of 12 out of 15 (moderate cognitive impairment), was an extensive assist of 1 for transfers, dressing, personal hygiene and bathing, did not ambulate, had balance deficits during transitions and walking and had a fall since the last assessment. Nurse’s note, dated 5/16/17, indicated the resident was found on the floor next to the bed. The resident said that he/she had removed the Tab alarm, did not use the call bell, tried to walk and fell . The floor alarm was not sounding. The intervention to prevent further falls was to replace the alarming floor mat, bed alarm (already part of the care plan) and to continue with Tab alarm in chair. There were no injuries.

Review of the current care plan for at risk for falls, related to [DIAGNOSES REDACTED].
– Alarming floor mat.
– Bed alarm in bed.
– Tab alarm in chair.
– Be sure call light is within reach, prompt response to all requests for assistance.
– Not to be left alone in the bathroom.
– in supervised area when out of bed and family is not visiting.
– resident removes Tab alarms, check for placement.

Observation, on 6/27/17 at 7:00 A.M., found the resident in bed. The bed alarm was under the bed linen and was not attached to an alarm box. At 8:30 A.M., the bed was made and the pressure bed alarm was under the bed linen and was not attached to an alarm box. Observation, on 6/28/17 at 3:15 P.M. with CNA #1, found the resident in bed. The pressure bed alarm was not attached to an alarm box and a Tab alarm with a long cord was attached to the resident.

Observation, on 6/29/17 at 7:25 A.M., with the Director of Nurses (DON), found the resident in a low bed, the alarming floor mat was in place, a Tab alarm with a long cord was attached to the resident and the pressure bed alarm was not attached to an alarm box. Observation, on 6/29/17 at 10:40 A.M., with Unit Manager #1, found the wheelchair on top of the alarming floor mat. The floor mat was not sounding. Unit Manager #1 moved the wheelchair off the alarming floor mat and stood on the floor mat. The alarm did not sound. Unit Manager #1 checked the alarm box and found the box was not completely turned onto the on position. Unit Manager #1 said the family member had probably put the resident back to bed.

During an interview on Unit Manager #1 said all the alarms should have been on and functioning.

2. For Resident #1, the facility failed to provide 2 assists with turning and repositioning and failed to provide female caregivers only per plan of care. Resident #1 was admitted to the facility in 3/2011 with [DIAGNOSES REDACTED]. The quarterly MDS, with an ARD of 4/4/17, indicated that the resident had short and long term memory loss, was totally dependent with bed mobility and transfers and required assistance of 2. The resident had bilateral functional limitation in range of motion. Review of the 6/2017 physician’s orders [REDACTED].

Review of plan of care for activities of daily living indicated the following: total dependence on 2 staff with repositioning and turning in bed. Review of nurses’ notes indicated that on 6/14/17 at 7:45 A.M., the resident was observed with bruising and swelling to the right side of his/her face on the cheek bone. Review of the Weekly Skin Alteration Report, of 6/14/17, indicated the following assessment: 2 small 2.0 centimeters (cm) by 1.0 cm dark purple bruises on the right cheekbone with extensive swelling, bruising continues down to the lower jaw and under the nose.

Review of the investigation, of 6/15/17, indicated the following: (on 6/14/17) at 6:15 A.M., the male CNA woke the resident to wash and dress him/her, even though the physician’s orders [REDACTED]. The male CNA did not observe any red areas or bruises on the resident’s face. The male CNA turned the resident back and forth several times using a draw sheet and did not utilize the assistance of another staff member per plan of care. The male CNA did not think that the resident’s face was against the bed rail during turning him/her back and forth.

On 6/28/17 at 7:00 A.M., Resident #1 was observed lying in bed on his/her back. The resident had a red colored bruise on the right cheek and yellow/green bruising to the right cheek and neck.

On 6/29/17 at 7:30 A.M., a female CNA was observed turning Resident #1 back and forth in bed. The female CNA was not utilizing assistance from another staff member per plan of care.

During an interview, on 6/29/17 at 8:45 A.M., the Director of Nurses said that the staff would be reeducated regarding Resident #1’s plan of care.

3. For Resident #9, the facility failed to follow the plan of care for fall prevention. Resident #9 was admitted to the facility in 5/2014 with [DIAGNOSES REDACTED]. Review of the quarterly MDS, with an ARD of 5/2/17,indicated that the resident had short and long term memory loss, required extensive assist with transfers and wheelchair mobility and had no falls.

Review of the plan of care for high risk for falls indicated the following: alarming seatbelt in wheelchair, pressure pad alarm in bed and impact absorbing floor mat. On 6/28/17 at 7:20 A.M., Resident #9 was observed sitting on the side of the bed with his/her feet dangling. There was a floor mat, pressure pad bed alarm and Tab alarm (not part of the care plan) in place. Resident #9 was heard calling for help. At 7:25 A.M., Resident #9 started moving around the bed causing the pressure pad alarm to sound. No staff responded, and the Surveyor entered Resident #9’s bedroom. The Surveyor stayed with Resident #9, and at 7:30 A.M. the Surveyor pressed the call bell. The bed alarm continued to sound. At 7:35 A.M., the Assistant Director of Nurses responded. On 6/29/17 at 10:30 A.M., Resident #9 was observed sitting in a wheelchair in the Dayroom. There was an alarming seatbelt and a Tab alarm (not part of the care plan) in place. During and interview, on /29/17 at 10:30 A.M., UM #1 said that a Tab alarm was not part of the care plan and should not be used.

Failed to make sure that the nursing home area is free from accident hazards and risks and provides supervision to prevent avoidable accidents

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, observation and interview, the facility failed to provide assistive devices and planned interventions to prevent falls for 1 (#11) of 5 residents with falls, out of a total sample of 17 residents.

Findings include:

Resident #11 was admitted to the facility in 2/2016, with [DIAGNOSES REDACTED]. Nurse’s note, dated 10/14/16, indicated the resident was found on the floor mat and the planned alarm was sounding. There were no injuries.

Review of the Annual Minimum Data Set (MDS) assessment, with the Assessment Reference Date (ARD) of 1/10/17, indicated the resident had a Brief Interview for Mental Status (BIMS) score of 14 out 15 (intact cognitive status), was an extensive assist of 1 for transfer, personal hygiene and bathing, was a limited assist of 1 for ambulation and utilized a walker and a wheelchair.

The Care Area Assessment for falls, dated 1/16/17, indicated the resident had deficits moving on and off the toilet, had difficulty maintaining sitting balance, had impaired balance during transitions.

Nurse’s note, dated 2/8/17, indicated the resident was found on the floor in the bathroom. A review of the circumstances of the fall indicated the resident fell at 4:20 P.M., when transferring off of the toilet. The resident was in the hallway bathroom. The CNA had left the resident to assist another resident. The resident was calling for assistance. The call light was on. Education was provided to the CNA, not to leave the resident alone in the bathroom. There were no injuries The high risk for falls care plan, updated on 2/18/17, indicated the resident had dementia, decreased safety awareness, was impulsive and weak. The interventions included the following:

– Alarming floor mat.
– Bed alarm in bed.
– Education given to CNAs: resident not to be left alone in bathroom.
– Tab alarm in wheelchair at all times.
– To be in a supervised area when out of bed and family is not visiting.

Review of the Quarterly MDS assessment, with the ARD of 4/4/17, indicated the resident had a BIMS score of 12 out of 15 (moderate cognitive impairment), was an extensive assist of 1 for transfers, dressing, personal hygiene and bathing, did not ambulate, had balance deficits during transitions and walking and had a fall since the last assessment. Nurse’s note, dated 5/16/17, indicated the resident was found on the floor next to the bed. The call bell was not ringing, the floor alarm was not sounding, and the resident said that he/she had removed the Tab alarm. A review of the circumstances of the fall indicated that the resident had a unwitnessed fall at 6:50 A.M., during an unassisted transfer. The intervention to prevent further falls was to replace the alarming floor mat, bed alarm in bed (already part of the care plan) and to continue with Tab alarm in chair. There were no injuries.

Review of the current care plan for at risk for falls, related to [DIAGNOSES REDACTED]. – Alarming floor mat.
– Bed alarm in bed.
– Tab alarm in chair.
– Be sure call light is within reach, prompt response to all requests for assistance.
– Not to be left alone in the bathroom.
– In supervised area when out of bed and family is not visiting.
– Resident removes Tab alarms, check for placement.

Observation, on 6/27/17 at 7:00 A.M., found the resident in bed. The bed alarm was under the bed linen and was not attached to an alarm box. At 8:30 A.M., the bed was made. The bed alarm was under the bed linen and was not attached to an alarm box.

Observation, on 6/28/17 at 3:15 P.M. with CNA #1, found the resident in bed. The pressure bed alarm was not attached to an alarm box and a Tab alarm with a long cord was attached to the resident.

Observation, on 6/29/17 at 7:25 A.M., with the Director of Nurses (DON), found the resident in a low bed, the alarming floor mat was in place, a Tab alarm with a long cord was attached to the resident and the pressure bed alarm was not attached to an alarm box. Observation, on 6/29/17 at 10:40 A.M., with Unit Manager #1, found the wheelchair on top of the alarming floor mat. The floor mat was not sounding. Unit Manager #1 moved the wheelchair off the alarming floor mat and stood on the floor mat. The alarm did not sound.

Unit Manager #1 checked the alarm box and found the box was not completely turned onto the on position. Unit Manager #1 said the family member had probably put the resident back to bed.

During an interview, on 6/29/17 at 10:40 A.M., Unit Manager #1 said all the alarms should have been on and functioning. During an interview, on 6/29/17 at 11:30 A.M., the DON said that the resident was a challenge. She said the resident would not use the call bell and would remove the Tab alarm.

Lee Healthcare, 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 – Lee Healthcare

Inspection Report for Lee Healthcare – 06/29/2017

Page Last Updated: April 5, 2018

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