Wingate at Weston

Windate at Weston

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

Wingate at Weston is a for profit, 160-bed Medicare/Medicaid certified skilled nursing facility that provides services to the residents of Waltham, Watertown, Belmont, Newton, Weston, Arlington, Lexington, Cambridge, Brookline, Needham, Wellesley, Somerville, Medford, Wayland, Winchester, and the other towns in and surrounding Middlesex County, Massachusetts.

Wingate at Weston
75 Norumbega Rd
Weston, MA 02493

Phone: (781) 891-6100
Website: https://wingatehealthcare.com/location/wingate-at-weston/

CMS Star Quality Rating

Windate at WestonThe 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 Weston 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 3 out of 5 (Average)

Fines Against Wingate at Weston

The Federal Government has not fined Wingate at Weston in the last 3 years.

Fines and Penalties

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

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 resident and staff interview, the facility failed to ensure that for one resident (#15) in a sample of 21 residents reviewed that the interdisciplinary team determined that it was a safe practice for this individual to self-administer medications.

Findings include:

Resident # 15 was admitted to the facility in 1/2017 and had [DIAGNOSES REDACTED]. The most recent Minimum Data set (MDS) assessment, with reference date 7/14/17, indicated that Resident #15 was alert and oriented. The resident’s care plan indicated that Resident #15 received [MEDICAL TREATMENT] treatment 3 times a week. On 9/12/17 at 9:00 A.M., the surveyor observed the Resident in his/her room seated in a wheelchair. The surveyor had a general conversation with the resident. He/she told the surveyor that he/she was waiting for the ride to go to [MEDICAL TREATMENT] treatment. The surveyor observed a pill pouch on the tray table with a blue pill inside it. The surveyor asked Resident #15 about the pill in the pouch and was told that its his/her [MEDICATION NAME] (a blood pressure medication) tablet that he/she takes with him/her to [MEDICAL TREATMENT] clinic during [MEDICAL TREATMENT] days. Resident #15 told the surveyor that the staff at [MEDICAL TREATMENT] takes his/her vital signs and then he/she takes the medication just before start of [MEDICAL TREATMENT] treatment.

Review of Resident #15 Physicians orders indicated: – [MEDICATION NAME] tab 10mg (medication used to treat low blood pressure), give 1 tablet by mouth twice a day. Review of Resident # 15 assessment for self administration of medication dated 1/7/17 indicated that the nursing staff is to administer medications. Review of the facility’s policy for self-administration of medications dated 01/16 indicated.

-If the resident desires to self-administer medications, an assessment is conducted by interdisciplinary team of the residents cognitive (including orientation to time), physical, and visual ability to carry out this responsibility during the care planning process. On 9/12/17 at 9:30 A.M., the surveyor asked the unit manager (UM) if Resident #15 takes medication with him/her to the [MEDICAL TREATMENT] clinic on [MEDICAL TREATMENT] days and confirmed that Resident #15 takes the [MEDICATION NAME] with him/her. The UM was unable to provide the assessment or documentation regarding the resident’s ability to self-administer medications. The UM told surveyor that she will notify the physician and team will assess Resident #15 ability to self-medicate.

Develop policies that prevent mistreatment, neglect, or abuse of residents or theft of resident property.

Based on record review and interview the facility failed to conduct a complete pre-employment screening for 2 out of 4 newly hired employees through the Massachusetts Nurse Aid registry and failed to conduct an out of state Nurse Aid Registry check prior to employment for 3 out 4 newly hired employees in accordance with the facility abuse prevention policy.

Findings include:

Review of the facility’s policy titled; Resident Abuse, dated as revised 4/2017, indicated under Screening: that prior to employment, the nurse aide registry is checked for all facility hires and if the applicant indicates employment or residence in another state, the Nurse Aide Registry is to be checked. Review of Employee #1’s personnel file indicated that Employee #1 worked or resided out of state. The personnel file failed to have the Massachusetts Nurse Aide registry check or the out of state Nurse Aide Registry check.

Review of Employee #3’s personnel record indicated that Employee #3 resided or worked out of state. The personnel file failed to have the out of state Nurse Aide Registry check. Review of Employee #4’s personnel record indicated that Employee #4 resided or worked out of state. The personnel file failed to have either the Massachusetts Nurse Aide registry check or the out of state Nurse Aide registry check. During interview with the Administrator and the Business Office Manager on 9/12/17 at 11:05 A.M. the Business Office Manager said that the Massachusetts Nurse Aid Registry was called on the employees and was indicated on the New Hire check list but did they did not have the printed results with date. The Administrator and Business Office Manager both said they did not have the out of state Nurse Aide Registry checks on file.

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 record review and staff interview, the facility failed to ensure that a care plan was developed for one sampled resident with a pacemaker (Resident #8) in a total sample of 21 residents.

Findings include:

For Resident #8, the facility failed to ensure that a medical plan of care was developed to address the resident’s pacemaker.

Resident #8 was admitted to the facility in 6/2017 with [DIAGNOSES REDACTED]. On 9/11/17, review of Resident #8’s clinical record indicated no information on the resident’s pacemaker and no care plan to address pacemaker checks. On 9/11/17 at 10:00 A.M., the surveyor inquired about the resident’s pacemaker.

At that time, Unit Manager #1 reviewed the clinical record and confirmed that there was no medical plan of care developed about the resident’s pacemaker. The Unit Manager contacted the resident’s activated health care proxy to request information about the pacemaker including the status of the pacemaker checks.

On 9/11/17 at 11:30 A.M., during an interview, the Nurse Practitioner said that the resident’s previous medical record would be reviewed for information about the pacemaker.

Make sure services provided by the nursing facility meet professional standards of quality.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and staff interview, the facility failed to ensure that services provided met professional standards of quality during a medication pass.

Findings include:

For non-sampled Resident (NS #1), the facility failed to follow procedure for administering multiple eye drops administration. Review of NS #1 current physicians order indicate.

– [MEDICATION NAME] acetate ophthalmic solution, instill one drop both eyes four times a day. – Artificial Tears drop, instill 2 drops in each eye three times a day.

Review of facility eye drops administration procedure indicates:

– If another drop of the same or different medication is prescribed for administration in the same eye at the same time, WAIT 10 MINUTES.

On 9/8/17, at 8:15 A.M., the surveyor observed Medication Nurse (MN #1) on the Applecrest Unit preparing medications for NS #1. The surveyor observed MN #1 administered [MEDICATION NAME] eyedrop to both eyes and then a minute later administer artificial tears drop to both eyes. The surveyor asked MN #1 how long should he should wait if its multiple eyedrops and responded atleast 5 to 10 minutes.

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 interview, the facility staff failed to follow the physician’s order and plan of care for 1 resident (#8) in a total sample of 21 residents.

Findings include:

For Resident #8, the facility staff failed to ensure that a Perimeter Mattress (to provide borders/ perimeter to the sleep surface to assist in preventing falls from bed) was utilized as ordered by the Physician.

Resident #8 was admitted to the facility in 6/2017 with [DIAGNOSES REDACTED]. Review of the Initial MDS Assessment, dated 6/22/17, indicated the resident did not ambulate, required extensive assistance of 1 staff for transferring between surfaces (e.g. from the bed to the wheelchair) and had a history of [REDACTED]. A fall risk assessment completed 6/15/17 indicated that the resident had a high risk for falls.

Review of a Physician Order, initially signed on 7/6/17 and renewed on 9/6/17 indicated an order to provide a Perimeter Mattress to the bed. Review of the Treatment Administration Record (TAR) from 7/7/17 to 9/7/17 read: FYI: Perimeter Mattress in Bed. Review of the resident’s care plan for injury risk related to a history of falls indicated a Perimeter Mattress in bed starting 7/6/17.

Resident #8 was observed seated in a wheelchair in the unit dining room on 9/7/17 at 12:30 P.M., 4:00 P.M. and 5:00 P.M. Observations of the resident’s room at 12:40 P.M. and 5:10 P.M. indicated no Perimeter Mattress on the bed. During an interview at 5:15 P.M., the Director of Nursing Services (DNS) said that the mattress on the resident’s bed was not a Perimeter Mattress.

Have a program that investigates, controls and keeps infection from spreading.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, staff interview and review of facility policy, the facility failed to ensure that facility staff followed proper infection control practices for the prevention and spread of infection for 1 Resident (#2) while performing a dressing change.

Findings include:

For Resident #2, the facility failed to ensure staff appropriately preformed hand hygiene and changed gloves while performing a dressing change to ensure there was no cross contamination and to prevent the possible spread of infection.

Resident #2 was admitted to the facility in 2/2017 with [DIAGNOSES REDACTED]. Hand Hygiene Centers for Disease Control (CDC) identified to: Clean Hands after contact with inanimate objects in the immediate vicinity of the patient and if hands will be moving from a contaminated-body site to a clean-body site during patient care. Resident #2 had physician orders [REDACTED].

· Wash with wound cleanser
· Pat dry
· Apply Ag (silver) Alginate
· Foam
· DPD (Dry Protective Dressing

On 9/11/17 at 10:30 A.M., during a wound dressing change observation of a stage 4 coccyx pressure sore, the Surveyor observed Nurse #1 perform hand hygiene with gel sanitizer and don gloves. Nurse #1 had the needed dressing supplies placed on a clean field on a table by the left side of the bed. Nurse #1 closed the door to the room, pulled the curtain and moved the waste paper basket close to the bed. Nurse #1, then removed the gloves and cleaned her hands with the sanitizer gel and don clean gloves.

Nurse #1 removed the soiled dressing and discarded into the wastebasket; she then removed her gloves but did not wash her hands with soap and water or use the gel sanitizer. Nurse #1 donned a new pair of gloves and sprayed the wound bed with wound cleanser and patted the area dry with gauge 4×4’s. Nurse #1 discarded the contaminated 4×4’s and removed her gloves but did not wash or gel her hands. Nurse #1 donned new gloves. Nurse #1 then applied Ag Arginate to the wound, foam and a dressing cover which she dated. A [MEDICATION NAME] was then applied to the resident’s back above the dressing site. Materials were discarded into the basket, gloves removed. Nurse #1 cleaned her hands with gel sanitizer, applied skin prep to the resident’s right heel, removed gloves and cleaned hands with gel sanitizer.

On the left heel, a cling dressing was removed and discarded, gloves removed and hand sanitized. Skin prep was applied to the left heel and outer lateral 2 eschar areas. A foam dressing and cling dressing were applied and dated. Nurse #1 then proceeded to removed her gloves and cleaned her hands with a gel sanitizer. At 11:00 a.m., the acting Director of Nursing (DON) who is also the Wound Nurse, was asked for the facility policies related to clean wound dressing changes. A document entitled General Wound and Skin Care Guidelines identified to wash hands before and after resident contact. No mention of wearing gloves or further hand washing was mentioned. When the DON was asked when one would change gloves and clean hands during a pressure wound dressing change, she said gloves would be changed and hands cleansed based on the number of contacts with dirty or contaminated objects but at least 3 times:

1. After removing the the old dressing;
2. After cleansing the wound,
3. After the end of the procedure.

A Hand Washing document obtained from the Staff Development/Infection Control Nurse (SDC) entitled Hand Washing identified that hands should be washed before touching wounds and changing dressings. Added to the document were the printed words: Always when gloves are removed. On 9/11/17 at 12:35 P.M., after reviewing the facility documents regarding wound guidelines and interviewing the DON/wound nurse, the Surveyor interviewed Nurse #1. Nurse #1 was informed of the observations of the 3 dressings that Nurse #1 had done on Resident #2. She was observed to have change gloves and preformed hand cleaning before and after each of the 3 dressings and changed gloves 7 times. However, hand hygiene was not done after glove removal and donning of clean gloves during after the removal of the coccyx dressing, and after cleaning the coccyx wound.

 

Wingate at Weston, 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 Weston

Inspection Report for Wingate at Weston – 09/12/2017

Page Last Updated: September 21, 2018

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