Wingate at Silver Lake

Wingate At Silver Lake

MI Elder Abuse Free Legal ConsultationWingate at Silver Lake complaints, fines, and ratings. Did someone you love suffer elder abuse or neglect? 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 Wingate at Silver Lake

Wingate at Silver Lake is a for profit, 164-bed Medicare/Medicaid certified skilled nursing facility that provides services to the residents of Plymouth, Duxbury, Marshfield, Pembroke, Carver, Hanover, Hanson,  Norwell, East Bridgewater, Whitman, and the other towns in and surrounding Plymouth County, Massachusetts.

Wingate at Silver Lake
17 Chipman Way
Kingston, MA 02364

Phone: (781) 585-4100
Website: https://wingatehealthcare.com/location/wingate-at-silver-lake/

CMS Star Quality Rating

Wingate At Silver LakeThe 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, Wingate at Silver Lake in Kingston, Massachusetts received a rating of 4 out of 5 stars.

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

Fines Against Wingate at Silver Lake

The Federal Government fined Wingate at Silver Lake $3,775 on 04/03/2017 for health and safety violations.

Fines and Penalties

Our Nursing Home Accident Lawyers inspected government records and discovered Wingate at Silver Lake  committed the following offenses:

Failed to give the resident's representative the ability to exercise the resident's rights.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review and staff interview, the facility failed to ensure that a Roger’s Treatment plan was obtained for 1 Resident (#43) who had a legal guardian and was prescribed an Antipsychotic medication, from a total sample of 30 Residents.

Findings include:

For Resident #43, Antipsychotic medications was administered without authorization from the court to do so. Resident #43 was admitted to the facility in 4/2017 with [DIAGNOSES REDACTED].

Review of the admission Minimum Data Set (MDS) signed as completed on 4/14/17, indicated that the Resident received an Antipsychotic medication daily, and had a legal guardian. Review of the medical record indicated that a guardian was appointed through the court for Resident #43 prior to admission to the facility. Resident #43 had a physician’s orders [REDACTED].

Further review of the medical record failed to indicate that authorization from the court was obtained prior to administration of the Antipsychotic medication as required. Social Worker #1 was interviewed on 2/16/18 at 11:00 A.M. and provided copies of all court documents for Resident #43. She said that the Resident did not have documentation from the court authorizing the administration of Antipsychotic medication.

Failed to develop and implement policies and procedures to prevent abuse, neglect, and theft.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on grievance log review, policy review, and staff interview, the facility failed to implement written policies and procedures for misappropriation of Resident property after a family member reported missing 2 gold rings for 1 Resident (#44) from a total sample of 30 Residents.

Findings include:

Review of facility policy for Resident Abuse (last revised 11/2016), indicated the facility failed to do the following:

-Thoroughly investigate the alleged violation

-Immediately report the alleged misappropriation to the Police Department and the Department of Public Health within 24 hours.

-the steps taken to investigate the concern, a summary of the pertinent findings or conclusions regarding the Resident’s concern, a statement as to whether the concern was confirmed or not confirmed, any corrective action taken or to be taken by the facility as a result of the concern, and the date the written decision was issued.

Resident #44 was admitted to the facility in 11/2016 with [DIAGNOSES REDACTED]. Review of the most recent quarterly Minimum Data Set (MDS) with a reference date of 12/20/17, indicated that Resident #44 had moderate cognitive impairment as evidenced by a score of 8 out of 15 on the Brief Interview for Mental Status (BIMS), and was dependent for all activities of daily living.

Review of the facility’s Grievance Form dated 2/8/18 (completed by social worker #2), indicated that on 2/4/18, Resident #44’s family member reported to facility staff that 2 gold wedding rings (gold band, gold engagement ring with white and blue stones) were missing. SW #2 indicated that she called the Resident’s family member on 2/7/18 to follow up on the report made to staff on 2/4/18. The social worker informed the family member that 2 rings were signed out to the Resident’s daughter in the narcotic book on 11/16/17. The family member told the social worker that the Resident did not have any daughters, only 2 sisters, and the rings were not signed out to either sister.

Further review of the report failed to indicate that the allegation of misappropriation of Resident property was thoroughly investigated by failing to identify and interview all involved persons including those who may have knowledge of the allegation, to include the steps taken to investigate the concern, a summary of pertinent findings or conclusions regarding the concern, a statement as to whether the concern was confirmed or not confirmed, any corrective action taken or to be taken by the facility, the date the written decision was issued. In addition, the facility failed to Immediately report the alleged misappropriation to the Police Department and the Department of Public Health within 24 hours according to their policy.

During interview on 2/15/18 2:10 P.M., the Administrator said that the allegation of misappropriation of Resident #44’s rings was not thoroughly investigated, and not reported to the police and Department of Public Health according to facility policy, and said she would report it today.

Failed to respond appropriately to all alleged violations.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on grievance log review, policy review, and staff interview, the facility failed to thoroughly investigate, and report an allegation of misappropriation of Resident property to the local Police and the Department of Public Health within 5 working days of the incident for 1 Resident (#44), from a total sample of 30 Residents.

Findings include:

Review of facility policy for Resident Abuse (last revised 11/2016), indicated the facility failed to do the following:

-Thoroughly investigate the alleged violation

-Immediately report the alleged misappropriation to the Police Department and the Department of Public Health within 24 hours. Resident #44 was admitted to the facility in 11/2016 with [DIAGNOSES REDACTED].

Review of the most recent quarterly Minimum Data Set (MDS) with a reference date of 12/20/17, indicated that Resident #44 had moderate cognitive impairment as evidenced by a score of 8 out of 15 on the Brief Interview for Mental Status (BIMS), and was dependent for all activities of daily living.

Review of the facility’s Grievance Form dated 2/8/18 (completed by social worker #2), indicated that on 2/4/18, Resident #44’s family member reported to facility staff that 2 gold wedding rings (gold band, gold engagement ring with white and blue stones) were missing. SW #2 indicated that she called the Resident’s family member on 2/7/18 to follow up on the report made to staff on 2/4/18. The social worker informed the family member that 2 rings were signed out to the Resident’s daughter in the narcotic book on 11/16/17. The family member told the social worker that the Resident did not have any daughters, only 2 sisters, and the rings were not signed out to either sister. Further review of the report failed to indicate that the allegation of misappropriation of Resident property was thoroughly investigated by failing to identify and interview all involved persons including those who may have knowledge of the allegation, and to report the alleged misappropriation to the Police Department and the Department of Public Health within 5 working days of the incident as required.

During interview on 2/15/18 2:10 P.M., the Administrator said that the allegation of misappropriation of Resident #44’s rings was not thoroughly investigated, and not reported to the police and Department of Public Health within 5 working days of the incident as required, and said she would report it today.

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

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, observation and staff interview, the Facility failed to ensure that for 1 Resident (#88), of a total of 30 sampled Residents, that the comprehensive care plan, developed to address the Resident’s impaired communication, was consistently implemented.

Findings include:

Resident #88 was admitted to the facility in 7/2014 with [DIAGNOSES REDACTED]. Review of the most recent Quarterly Minimum Data Set (MDS) with a reference date of 1/3/18, indicated that Resident #88 had moderate hearing impairment, and required extensive assistance from staff for activities of daily living. Review of the interdisciplinary care plan for cognition/communication, developed 8/12/16, indicated that Resident #88 was able to read directions/questions and then answer verbally; keep white board and marker handy at all times.

The care plan for activities, developed 4/25/17, indicated that when the Resident was in his/her room, staff would do room visits to prevent isolation. The approach identified was to speak clearly and directly to the Resident and use a white board to write things down so that he/she understands what is being said. On 2/13/18 at 8:45 A.M., Resident #88 was observed lying in bed awake. There was no communication board noted at the bedside or in the bedside drawer.

On 2/14/18 at 8:04 A.M., the Resident was again observed lying in bed awake. There was no communication board noted at bedside or in bedside drawer. On 2/15/18 at 8:41 A.M., Resident # 88 was observed sitting up in bed eating breakfast. The Surveyor approached the Resident and began to speak to him/her. Unit Manager #1 (UM #1) was present in the Resident’s room and said that Resident was very hard of hearing and could not hear what was being said to him/her. UM #1 said the Resident had a white board and marker pen which was kept in the activity room. She said that there was not an additional white board and marker pen kept at Resident’s bedside. UM #1 walked down the hallway to the activity room and returned to the Resident’s room with a white board and marker pen.

Failed to ensure services provided by the nursing facility meet professional standards of quality.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interviews and records reviewed, the Facility failed, for Resident #126, to provide professional standards of care that ensured emergency medical services were provided when, on the morning of [DATE], Resident #126 who had full code status (all interventions to resuscitate were to be performed), died unexpectedly, Cardiopulmonary Resuscitation was not performed per protocol, and staff did not call 911 until approximately 25 minutes after Resident #126 had been found unresponsive. Resident #126 died . A timeline of events, based on interviews and records reviewed was as follows:

-At 5:15 A.M., Resident #126 became unresponsive.
-At 5:20 A.M., Nurse #3 assessed Resident #126 and found him/her without signs of life.
-At 5:35 A.M., Nurse #3 called Nurse Practitioner #1 to notify her that Resident #126 had died .
-At approximately 5:36 A.M., Nurse #4 began administering chest compressions.
-At 5:40 A.M., Nurse #3 called 911.
-At 5:51 A.M., Emergency Medical Services (EMS) arrived at Resident #126’s bedside to find no staff in the room and no resuscitative measures being performed.

Findings include:

The policy titled, Emergency Medical Response, dated ,[DATE], indicated all residents would receive full resuscitative measures unless a Do Not Resuscitate (DNR) order was written and in the medical record, licensed nurses would maintain current Cardio [MEDICAL CONDITION] Resuscitation (CPR) certification through a CPR provider, upon discovery of an emergency staff would call for assistance by paging Code Blue and state the location three times, urgent care including CPR would be initiated, and 911 would be called.

The Protocol titled, Skilled Nursing Facility [MEDICAL CONDITION] Management, undated, indicated if the resident did not have a valid DNR order, staff would place the CPR board (a solid board placed under the back of a person receiving CPR to ensure effective compressions), perform CPR, apply the Automatic External Defibrillator (AED), and transport the resident to the hospital.

The Protocol titled, Basic Life Support Quick Reference, dated ,[DATE], indicated CPR would consist of cycles of 30 chest compressions and 2 rescue breaths, and the AED would be used as soon as it was available. Resident #126 was admitted to the Facility in ,[DATE], his/her [DIAGNOSES REDACTED]. Resident #126 did not have a Massachusetts Order for Life Sustaining Treatment form filled out, and therefore was full code status. The progress note, dated [DATE], indicated Resident #126 was provided care by Certified Nurse Aides (CNA) some time between 5:10 A.M. and 5:15 A.M., Resident #126 was heard yelling out during care, and at 5:20 A.M. Resident #126 was observed unresponsive, not breathing, without a pulse, and CPR was initiated by Nurse #3 and Nurse #4. The Note indicated Nurse #4 continued CPR alone while Nurse #3 called Nurse Practitioner #1, and was instructed to call 911. The Note indicated CPR was continued until Emergency Medical Services (EMS) arrived, EMS did not perform CPR on Resident #126, and EMS transferred Resident #126 to the local hospital.

The Surveyor interviewed CNA #3 at 2:52 P.M. on [DATE]. CNA #3 said she came in to work at 5:00 A.M. on [DATE]. CNA #3 said she was walking by Resident #126’s room at approximately 5:10 A.M., when CNA #2 and CNA #4 asked her to bring them a wet towel as they were providing care for Resident #126. CNA #3 said Resident #126 was not yelling or shouting, looked pale, and appeared to be dead. CNA #3 said Nurse #3 was right outside the door to Resident #126’s room with the medication cart at that time. CNA #3 said she went to answer a call light, and approximately 5 to 10 minutes later she heard Nurse #3 say she had to call 911. CNA #3 said she did not hear an overhead page indicating a Code Blue. The Surveyor interviewed CNA #2 at 12:13 P.M. on [DATE]. CNA #2 said she worked the 11:00 P.M. to 7:00 A.M. shift starting on [DATE], and said Resident #126 had slept through the entire shift. CNA #2 said some time in the early morning on [DATE], she and CNA #4 were providing incontinent care for Resident #126, they were not able to wake him/her up completely, and they notified Nurse #3 when she came in the room that Resident #126 did not look right, or words to that effect. CNA #2 said Resident #126 did not scream, yell out, or fight with staff during care.

The Surveyor interviewed Nurse #3 at 8:46 A.M. on [DATE]. Nurse #3 said at approximately 5:10 A.M. on [DATE], CNA #3 was providing care for Resident #126, and Nurse #3 heard Resident #126 yelling. Nurse #3 said she looked in and saw that Resident #126 was not being combative, but was just yelling. Nurse #3 said she entered Resident #126’s room at approximately 5:20 A.M. to give medications to his/her roommate, and upon entering the room, there were either two or all three of the CNAs who were on shift at the time, beside Resident #126’s bed, and the CNAs told Nurse #3 that Resident #126 did not look good. Nurse #3 said she assessed Resident #126 and found him/her to be without signs of life, and said she called Nurse #4 to the room and she and Nurse #4 initiated CPR. Nurse #3 said she brought the AED to Resident #126’s room, however it was not applied, and said one of the CNAs brought the code cart to the room, however it was not opened, the backboard was not placed under Resident #126, and supplemental oxygen was not administered to Resident #126. Nurse #3 said she and Nurse #4 provided chest compressions only, and rescue breathing was not performed on Resident #126. Nurse #3 said she and Nurse #4 switched back and forth doing chest compressions on Resident #126 for an undetermined amount of time, then she left Nurse #4 performing chest compressions alone, to call NP #1, and said NP #1 instructed her to call 911.

Nurse #3 said after she called 911, she tried to call Resident #126’s family, and said she did not return to Resident #126’s room, and knew Nurse #4 was still administering chest compressions by himself. Nurse #3 said when EMS providers arrived, Nurse #4 stopped performing CPR, and said EMS did not initiate CPR immediately upon arrival. Nurse #3 said she called NP #1 to request an order for [REDACTED].

The Surveyor interviewed NP #1 at 1:52 P.M. on [DATE]. NP #1 said Nurse #3 called her cell phone at 5:35 A.M. on [DATE] and said Resident #126 had become unresponsive during care, and that staff were unable to resuscitate. NP #1 said she instructed Nurse #3 to continue CPR and to call 911 immediately. NP #1 said Nurse #3 called her again on [DATE] at 5:59 A.M. and requested an order for [REDACTED].#1 said she denied the request for an RN pronouncement, as Resident #126 was a full code, she could not make that determination over the phone, and said she told Nurse #3 she would have to talk to her director. The Surveyor interviewed the Administrator at 1:11 P.M. on [DATE]. The Administrator said Nurse #3 called her home phone number at 6:07 A.M. on [DATE] and said staff were doing CPR, stopped, and emergency responders did not want to take Resident #126, then quickly said they’re going to take her, or words to that effect, and hung up the phone.

The Surveyor interviewed Nurse #4 at 3:49 P.M. on [DATE]. Nurse #4 said that on [DATE] at approximately 5:00 A.M. he was working on the other side of the unit from where Resident #126’s room was, and heard a loud moaning sound come from Resident #126’s room. Nurse #4 said approximately 15 minutes later Nurse #3 walked over to him and said she had just found Resident #126 dead, and asked who she should call, and Nurse #4 said to call the Physician. Nurse #4 said Nurse #3 did not ask him for help, and did not say Resident #126 was a full code. Nurse #4 said a short time later, he overheard Nurse #3 talking on the phone with NP #1 (per interview with NP #1, call was placed at 5:25 A.M.) and heard her say Resident #126 was a full code. Nurse #4 said upon overhearing that Resident #126 was a full code, he went to Resident #126’s room and found him/her in bed, and said he/she felt cool to the touch, his/her skin was waxy, was without a pulse or respirations, and his/her eyelids were stiff (a sign of early rigor mortis), and no other staff were in the room at that time. Nurse #4 said he began chest compressions on Resident #126 by himself at that time. Nurse #4 said Nurse #3 brought the code cart and the AED to the room, however she did not assist with CPR, the AED was not applied, the code cart was not used, oxygen was not applied, and a backboard was not placed under Resident #126 during chest compressions. This was inconsistent with Nurse #3’s interview, the progress note, dated [DATE], the protocol titled, Skilled Nursing Facility [MEDICAL CONDITION] Management, and the protocol titled, Basic Life Support Quick Reference.

Nurse #4 said Nurse #3 left him performing chest compressions alone, and said it seemed like he was doing chest compressions for approximately 10 minutes before he saw the flashing lights from the fire truck through the window, and upon seeing the flashing lights he stopped chest compressions, as he was physically and emotionally tired from performing compressions for an extended period of time without help. During interviews, Nurse #3 said she did not call a Code Blue, and thought Nurse #4 called a Code Blue. Nurse #4 said he did not call a Code Blue, and said he did not hear Nurse #3 call a Code Blue. CNA #3 and CNA #2 said they did not hear a Code Blue called. Nurse #4’s CPR certification had expired [DATE]. This was not consistent with the policy titled, Emergency Medical Response.

The Surveyor interviewed Paramedic #1 at 10:59 A.M. on [DATE]. Paramedic #1 said he responded to the 911 call regarding Resident #126 on [DATE], and upon his arrival he observed Nurse #3 was at the Nurses’ station, and said Resident #126 had full code status. Resident #126 was observed, lying in bed, with a sheet covering him/her up to the neck, without signs of life, and there were no staff in the room. Paramedic #1 said there was an AED on the bedside table but it was not opened or applied to Resident #126. Paramedic #1 said Resident #126 was gray in color, had some mottling all over his/her body, his/her eyelids were stiff and almost sealed shut, and his/her hands were in a closing position and were stiff, all signs of irreversible death. Paramedic #1 said he questioned Nurse #3 as to the code status of Resident #126, and was told he/she was a full code. The local Fire Department’s Patient Care Record, dated [DATE], indicated the 911 call was received at 5:40 A.M., and EMS arrived at 5:51 A.M., however when EMS arrived, no resuscitative measures were underway for Resident #126, who was found without a pulse, without respirations, cool to touch, with mottled skin, and his/her hands and eyelids showed signs of stiffness. The Record indicated there was an AED next to Resident #126 that was not opened. The Report indicated Nurse #3 said staff witnessed Resident #126 suddenly become unresponsive at 5:15 A.M., and said she and Nurse #4 had provided CPR without results. EMS staff then initiated full Advanced Life Support (ALS) protocol at 6:00 A.M., and transferred Resident #126 to the hospital.

Failed to provide activities to meet all resident's needs.

Based on observations, interviews and record review, the Facility failed to provide an ongoing activities program designed to meet Residents’ needs for engagement in meaningful activities for Residents with dementia residing on 1 of 4 units in the facility.

Findings include:

During the survey period from 2/13/18 – 2/20/18, the survey team made the following observations on the Elmwood Unit:

1. 2/13/18 at 9:15 A.M. in the large day room (activity calendar listed Morning Greeting at 9:00 A.M.)

-9 Residents were observed seated at tables

-2 of 9 Residents had coffee mugs in front of them and a cookbook which they were not looking at

-6 of 9 Residents were seated at tables with board books in front of them appropriate for young children and out of their reach

-1 of 9 Residents was seated at a table sleeping with a tabletop bead maze child’s toy in front of him/her. 2. 2/14/18 at 11:12 A.M. in the large day room (activity calendar listed Favorite Foods at 11:00 A.M.)

-31 Residents were observed seated in the day room. Activity staff were reading word cues while 3 Residents were observed to be attentive with 1 Resident participating in the game.

-10 of 31 Residents were observed to be sleeping.

-4 of 31 Residents were observed seated at a table with board books appropriate for toddlers in front of them (no Residents were looking at the books).

– 4 of 31 Residents were seated at a table with a cookbook and 4 board books appropriate for a toddler in front of them (1 Resident was looking at the cookbook; no other Residents were looking at the books).

-3 of 31 Residents were seated at a table with a tabletop bead maze child’s toy in front of them (no Residents were using the toy).

-10 of 31 Residents were observed seated in the day room, awake, not engaged in any activity and had no interaction with staff. 3. 11:30 A.M. (activity calendar listed Price is Right at 11:30 A.M.)

-26 Residents were observed in the day room. The activity assistant was observed to turn on the television to the game show Price is Right

-12 of 26 Residents either had their back to the television or were not positioned in a way to see the television screen 4. 2/15/18 at 11:00 A.M. in the large day room (activity calendar had no activity listed)

-15 Residents were observed seated at tables in the day room with nothing to do -12 of 15 Residents were sleeping

-3 of 15 Residents were awake but not engaged in any activity 2/20/18 at 10:00 A.M. (activity calendar listed Activity Stations at 10:00 A.M.)

-26 Residents were observed in the day room sitting idly with no activity to do

-14 of 26 Residents were seated at tables, 7 of which were sleeping (1 Resident had his/her head on the table)

-12 of 26 Residents were seated in chairs throughout the day room

-2 activity staff were present in the day room.

The Therapeutic Activity Director was organizing coloring pages in the kitchenette area with no interaction with Residents; an Activity Assistant was observed to serve drinks to 3 Residents. The Therapeutic Activity Director (TAD) was interviewed on 2/20/18 at 10:00 A.M. She said that the unit used to have more sensory items available for the Residents, but they had gotten lost some time ago and had not requested replacements. The facility’s activity director was interviewed on 2/20/18 at approximately 1:00 P.M. She said that she had spoken to the TAD this morning and have ordered appropriate activity supplies for Residents with dementia. The facility failed to ensure that an ongoing Resident centered activity program that incorporates the Resident’s interests, hobbies and cultural preferences which is integral to maintaining and/or improving a resident’s physical, mental, and psychosocial well-being and independence was provided.

Failed to try different approaches before using a bed rail. If a bed rail is needed, the facility must (1) assess a resident for safety risk; (2) review these risks and benefits with the resident/representative; (3) get informed consent; and (4) Correctly install and maintain the bed rail.

Based on record review, interviews, and observation, the Facility staff failed to ensure 10 Residents (#19, #63, #85, #88, #96, #103, #108, #119, #129 and #264), representing 4 of 4 units in the facility, had been assessed for risk of entrapment for the use of bed rails out of a sample of 30 Residents.

Findings include:

During the recertification survey from 2/13/18 to 2/20/18, observations of Residents #19, #63, #85, #88, #96, #103, #108, #119, #129, and #264 indicated that they were lying in bed with both side rails up.

A review of the Facility side rail assessment indicated the Facility staff were assessing the bed rails for how they are used for assistance (mobility and transfers) and not assessing the risk associated with an individual to have bed rails, including entrapment. The Administrator, Director of Nurses (DON), and corporate clinical consultant were interviewed on 2/20/18 at 4:20 P.M. The Administrator said that all Residents in the facility utilized bed rails. The Administrator said she was unaware that the side rail assessments conducted by nursing staff did not contain information regarding the risks, specific to each individual, including entrapment.

Failed to procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards.

Based on observation and staff interview, the Facility failed to serve food in accordance with professional standards for food service safety, putting Residents at risk for potential exposure to pathogens due to cross contamination.

Findings include:

1. During initial tour of the facility’s main kitchen on 2/13/18 at 7:30 A.M., Surveyor #1 observed a Dietary Aide behind the tray line, wiping sweat off her face with her gloved hand, then attempt to handle utensils to serve food onto a plate. Surveyor #1 immediately alerted the Food Service Director (FSD) who was present. The FSD attempted to intervene, however, the Dietary Aide did not appear to understand what was being said to her. The FSD had to request another employee to translate in her language to tell her to remove her gloves, wash hands and not wipe her face which would contaminate the utensils. The FSD discarded the utensils and tray to the dirty bucket.

2. Resident #264 was interviewed on 2/13/18 at 11:35 A.M. and he/she stated that on admission, he/she told facility staff that he/she did not like pancakes. However, Resident #264 received pancakes that very evening. Resident #264 stated that this was very upsetting. During subsequent interview on 2/14/18, he/she stated that since admission, his/her food had been served cold consistently. He/she also said that on the breakfast tray this morning, there was a rotten banana and the Resident alerted the staff.

3. During interview with Resident #263 on 2/13/18 at 11:30 A.M., he/she said that his/her daughter brings in food because the portions are very small and food and tea is always cold. The Resident stated the he/she has told staff that he/she does not like hot cereal, yet every morning receives hot cereal. In addition, Resident #263 said that he/she had requested two cups of tea, yet has never received that on his/her tray.

4. Surveyor #1 observed the noon meal service on 2/13/18 on Pinewood Unit. Trays were delivered at 12:28 P.M. and last tray out was at 12:45 P.M. The last tray was tested . Meal consisted of ground meat at 100 degrees, warm but taste was acceptable. The peas were 90 degrees and dry in appearance and taste, the Tator Tots were a little spicy and cool at 88 degrees, the coffee was uncovered and at 155 degrees.

5. On 2/13/18 Surveyor observed there was no thermometer in the freezer in the Nourishment kitchen. In the freezer there were several ice packs for residents’ use in the bottom pull out bin mixed with ice cream. During an interview in the Nourishment kitchen with CNA#2 on Pinewood Unit, she stated that these ice packs were used for Residents and the ice cream was for the Residents as well. There was a clipboard on the side of the refrigerator with temps for both the refrigerator and freezer. The Surveyor asked CNA#2 if she could locate the freezer thermometer, she looked briefly and then stated that she could not. The temp in the refrigerator was 44 degrees, (internal temp should be 41 degrees or lower).

6. On 2/15/18 at 11:51 A.M., Surveyor #2 observed in the dining room on Elmwood,(NAME) CNA#1 use ungloved hands to pick up, split and butter a biscuit. The same CNA#1 then removed a peanut butter and jelly sandwich from a wax paper bag again with ungloved hands. Surveyor #2 immediately alerted Unit Manager #1 whom was distributing meal trays in the dining room. During interview with CNA#1 at 11:54 A.M., she said that gloves are available in the kitchenette, but she did not use them.

 

Windate at Silver Lake, 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 – Wingate at Silver Lake

Inspection Report for Wingate at Silver Lake – 02/20/2018

Page Last Updated: September 18, 2018