Wingate at Wilbraham

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

Wingate at Wilbraham  is a for profit, 135-bed Medicare/Medicaid certified skilled nursing facility that provides services to the residents of Ludlow, , East Longmeadow,  Springfield, Chicopee, West Springfield, Longmeadow, Agawam, Holyoke, Palmer, and the other towns in and surrounding Hampden County, Massachusetts.

Wingate at Wilbraham
9 Maple Street
Wilbraham, MA 01095

Phone: (413)596-2411
Website: https://wingatehealthcare.com/location/wingate-at-wilbraham/

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, Wingate at Wilbraham in 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 4 out of 5 (Above Average)

Fines Against Wingate at Wilbraham

The Federal Government fined Wingate at Wilbraham $3,900 on March 18th, 2016for health and safety violations.

Fines and Penalties

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

Failed to let the resident refuse treatment or refuse to take part in an experiment and formulate advance directives.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**

Based on record review and staff interview, the Facility staff failed to ensure that advanced directives, per the resident’s wishes, were in place for 2 residents (#12 and 17) out of a total sample of 24 residents.

Findings include:

1. For Resident #17, the Facility failed to ensure that advanced directives were in place, per the resident’s wishes. Resident #17 was admitted to the Facility in 7/2015, with [DIAGNOSES REDACTED]. The Annual Minimum Data Set (MDS), with the Assessment Reference Date (ARD) of 6/19/16, indicated the resident had a Brief Interview for Mental Status (BIMS) score of 13 out of 15 (intact mental status), had a Do Not Resuscitate (DNR) and a Do Not Intubate (DNI) order in place (10/1/14), and the resident’s Health Care Proxy (HCP) had not been invoked. Review of the Nurse’s Note, dated 6/29/16, indicated that Resident #17 verbalized wanting to be a full code and not a DNR. Record review indicated the clinical record had not been updated to reflect the resident’s wishes for a change in the advanced directives. During an interview, on 8/18/16 at 1:50 P.M., Social Worker #1 said that there was no regular social worker for the resident’s unit and that she had not been informed that the resident no longer wanted to be a DNR.

2. For Resident #12, the Facility failed to ensure that the resident made their own decision regarding advanced directives. The family changed advanced directives from a full code to DNR. There was no indication that the HCP was invoked or that there was a discussion with the resident regarding the advanced directives. Resident #12 was admitted to the Facility in 10/2014 with a [DIAGNOSES REDACTED]. Review of the quarterly MDS Assessment, dated 6/23/16, indicated that the resident was cognitively intact, as evidenced by a score of 15 out of a possible 15 on the BIMS. The MDS further indicated that the resident’s health care proxy was not invoked. Review of the Resident Transfer Form, dated 8/1/16, indicated that the resident was transferred to the hospital. The Resident Transfer Form further indicated that the resident’s code status was a full code. Review of the hospital discharge information, dated 8/4/16, indicated that the resident’s family wished to change the resident’s code status to a DNR and DNI. There was no indication that the resident’s HCP was invoked. Review of the Medical Orders for Life-Sustaining Treatment (MOLST) form, dated 8/4/16, indicated that the resident’s code status was DNR, DNI. Further review of the MOLST form indicated that the form was signed by the resident’s HCP. Review of the Physician’s Assistant note, dated 8/5/16, indicated the family changed advanced directives from a full code to DNR. There was no indication that the HCP was invoked or that there was a discussion with the resident regarding the advanced directives. Review of the physician’s orders [REDACTED]. There was no indication that the resident’s HCP was invoked. During an interview, on 8/17/16 at 2:10 P.M., Social Worker #1 said that the correct procedure was not followed for changing the resident’s code status, and that the resident’s HCP was not invoked. She further indicated that upon the resident’s return to the Facility, the resident’s code status should not have been changed without invoking the HCP or speaking with the resident.

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 2 residents (#4 and 8), in a total sample of 24 residents.

Findings include:

1. For Resident #8, the Facility failed to follow the dietitian’s recommendation for super cereal. Resident #8 was admitted and readmitted to the Facility in 4/2016 with [DIAGNOSES REDACTED]. Review of the admission Minimum Data Set (MDS) assessment,with an Assessment Reference Date (ARD) of 4/26/16, indicated a Brief Interview for Mental Status (BIMS) score of 6 out of 15 (severe cognitive loss). The resident required assist with activities of daily living, supervision with eating, had a weight of 121 pounds and did not have weight loss. Review of the quarterly MDS assessment, with an ARD of 7/20/16, indicated a BIMS score of 7 out of 15 (severe cognitive loss). The resident required assist with activities of daily living, supervision with eating, weighed 105 pounds and had a weight loss of 5 percent or more in the last month or loss of 10 percent or more in the last 6 months. Review of the Nutrition Care Progress Notes, of 7/26/16, indicated that weight was up 1 pound in a month, down 12 pounds in 3 months and down 14 pounds in 6 months. Progressive decline with increased dysphagia, advanced age and now stabilizing, hopefully. Expect stabilization and add super cereal.

Review of the plan of care for at risk for weight loss, updated on 7/26/16, indicated the following: Diet: no added salt pureed, super cereal every morning. Observation, on 8/18/16 at 8:40 A.M., found Resident #8 sitting in a wheelchair up to a table in the unit dining room. The resident was feeding him/herself with supervision. The resident’s dietary ticket indicated oatmeal and not super cereal per plan of care. During an interview, on 8/18/16 at 8:50 A.M., Cook #1 said that the dietary ticket for Resident #8 did not include super cereal.

During an interview, on 8/18/16 at 8:55 A.M., the Food Service Supervisor said that when there is a change in a diet order, the kitchen receives a dietitian recommendation alert. The diet ticket is then updated with the new recommendation. The Food Service Supervisor said he did not know what happened. 2. For Resident #4, the Facility failed to follow the plan of care in applying an ace wrap to right lower extremity from toes to knee and applying a knee high [MEDICAL CONDITION] disease stocking (Ted stocking) to left leg. Resident #4 was admitted to the facility on ,[DATE], with [DIAGNOSES REDACTED]. Review of the Physician order [REDACTED]. Review of the annual MDS assessment,with an ARD of 7/23/2016, indicated a BIMS score of 15 out of 15 (cognitively intact). The resident required extensive assistance with dressing, bathing and transfer.

During an observation, on 8/17/2016 at 10:50 A.M., Resident #4 was in his/her room sitting in a wheelchair. Resident #4 did not have an ace wrap to right lower extremity applied from knees to toes and did not have a left knee high Ted stocking applied. During an observation, on 8/18/2016 at 12:00 P.M., Resident #4 was sitting in his/her wheelchair and did not have an ace wrap to right lower extremity and did not have a left knee high Ted stocking applied. The Treatment Administration Record (TAR), dated 8/2016, was inaccurately documented, indicating the ace wrap to right lower extremity from toes to knees and a left knee high Ted stocking was applied on (8/17/2016) and on 8/18/2016. During an interview, on 8/18/2016 at 3:00 P.M., Unit Manager #1 said Resident #4, was supposed to have an ace wrap applied to right lower extremity and a knee high Ted stocking to the left leg, per plan of care.

Failed to make sure that each resident gets a nutritional and well balanced diet, unless it is not possible to do so.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on record review, observation and interview, the Facility failed to ensure that 1 resident (#8) received a therapeutic diet that included the dietitian recommendation, in a total sample of 24 residents.

Findings include:

Resident #8 was admitted and readmitted to the Facility in 4/2016 with [DIAGNOSES REDACTED]. Review of the admission Minimum Data Set (MDS) assessment, with an Assessment Reference Date (ARD) of 4/26/16, indicated a Brief Interview for Mental Status (BIMS) score of 6 out of 15 (severe cognitive loss). The resident required assist with activities of daily living, supervision with eating, had a weight of 121 pounds and did not have weight loss. Review of the quarterly MDS assessment, with an ARD of 7/20/16, indicated a BIMS score of 7 out of 15 (severe cognitive loss). The resident required assist with activities of daily living, supervision with eating, weighed 105 pounds and had a weight loss of 5 percent or more in the last month or loss of 10 percent or more in the last 6 months.

Review of the Nutrition Care Progress Notes, of 7/26/16, indicated that weight was up 1 pound in a month, down 12 pounds in 3 months and down 14 pounds in 6 months. Progressive decline with increased dysphagia, advanced age and now stabilizing, hopefully. Expect stabilization and add super cereal. Review of the plan of care for at risk for weight loss, updated on 7/26/16, indicated the following: Diet: no added salt pureed, super cereal every morning. Observation, on 8/18/16 at 8:40 A.M., found Resident #8 sitting in a wheelchair up to a table in the unit dining room. The resident was feeding him/herself with supervision. The resident’s dietary ticket indicated oatmeal and not super cereal per the dietitian’s recommendation.

During an interview, on 8/18/16 at 8:45 A.M., Unit Manager #2 said that she did not know that the dietician recommended super cereal. Unit Manager #2 said that she did not think that the Facility served super cereal. During an interview, on 8/18/16 at 8:50 A.M., Cook #1 said that the dietary ticket for Resident #8 did not include super cereal. During an interview, on 8/18/16 at 8:55 A.M., the Food Service Supervisor said that when there is a change in a diet order, the kitchen receives a dietitian recommendation alert. The diet ticket is then updated with the new recommendation. The Food Service Supervisor said he did not know what happened.

Failed to keep accurate, complete and organized clinical records on each resident that meet professional standards.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, record review and staff interview, the Facility failed to ensure the resident’s clinical record was complete and accurately documented, for 1 sampled resident (#4), out of a total sample of 24 residents.

Findings include:

Resident #4 was admitted to the facility on ,[DATE], with [DIAGNOSES REDACTED]. Review of the Physician order [REDACTED]. During an observation, on 8/17/2016 at 10:50 A.M., Resident #4 was in his/her room sitting in wheelchair. Resident #4 did not have an ace wrap to right lower extremity applied from knees to toes and did not have a left knee high Ted stocking applied. During an observation, on 8/18/2016 at 12:00 P.M., Resident #4 was sitting in his/her wheelchair and did not have an ace wrap to right lower extremity and did not have a left knee high Ted stocking applied. The Treatment Administration Record (TAR), dated 8/2016, was inaccurately documented, indicating the ace wrap to right lower extremity from toes to knees and a left knee high Ted stocking was applied on (8/17/2016) and on 8/18/2016. During an interview, on 8/18/2016 at 3:00 P.M., Unit Manager #1 said she would call the nurses to clarify the inaccurate documentation.

Wingate at Wilbraham, 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 Profile for Wingate at Wilbraham

Nursing Home Safety, Health and Inspection Report for Wingate at Wilbraham 08/22/2016

Page Last Updated: February 11, 2017

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