Kimwell Nursing and Rehabilitation

Kimwell Nursing and Rehabilitation

MI Elder Abuse Free Legal ConsultationDid someone you love suffer elder abuse or neglect at Kimwell Nursing 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 Kimwell Nursing and Rehabilitation

Kimwell Nursing and RehabilitationOwnership of Kimwell Nursing and Rehabilitation recently changed.  The new legal business name is Kimwell Operating LLC.

Kimwell Nursing and Rehabilitation is a for profit, 124-bed Medicare/Medicaid certified skilled nursing facility that provides services to the residents of Fall River, Somerset, Rehoboth, Swansea, Taunton,  Warren, Barrington, Norton, East Providence, Bristol, Pawtucket, and other surrounding towns in Bristol County, Massachusetts.

Kimwell Nursing and Rehabilitation focuses on 24-hour care, respite care, hospice care and rehabilitation services.

Kimwell Nursing and Rehabilitation
495 New Boston Road
Fall River, MA  02720

Phone: 508-679-0106

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 2017, Kimwell Nursing and Rehabilitation in Fall River, 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 2 out of 5 (Below Average)
Quality Measures 3 out of 5 (Average)

Fines Against Kimwell Nursing and Rehabilitation

The Federal Government fined Kimwell Nursing and Rehabilitation $1,950 on October 19th, 2015 for health and safety violations. Our Nursing Home Injury attorneys  inspected government records and discovered Kimwell Nursing and Rehabilitation committed the following offenses:

Failed to 1) Hire only people with no legal history of abusing, neglecting or mistreating residents; or 2) 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 incident report review, policy review and staff interview, the facility failed to fully investigate an allegation of sexual abuse for 1 Non-Sampled Resident (NS) #1 out of a total sample of 23 Residents.

Findings include:

The facility’s Abuse Policy (November 11, 2014) included the following:

– The Abuse Coordinator and/or Director of Clinical Services shall take statements from the victim, the suspect and all possible witnesses including all other employees in the vicinity of the alleged abuse.

– Once completed, the investigation’s report shall be reviewed by the Director of Clinical Services, Executive Director, and one other Administrative staff member.

A review of an internal investigation of an allegation of sexual abuse was conducted on 5/13/16 at approximately 7:30 A.M.

Review of the incident report investigation indicated that on 4/26/16, the facility was notified by the Department of Public Health that NS Resident #1 (whom was admitted to the hospital on [DATE]) reported an allegation of sexual abuse to hospital staff which allegedly occurred at the facility approximately two months prior and was not reported to anyone at the facility. The Resident reported that a female in the facility touched his/her groin area. The report also indicated that upon hearing the name of the accused, the facility knew that the Resident was referring to his/her roommate (NS Resident #2). Further review of the internal investigation failed to indicate that NS Resident #2 and facility employees were interviewed as part of the investigative process outlined the the facility’s abuse policy.

The DON was interviewed on 5/13/16 at 7:50 A.M. and 11:40 A.M. She said that she did not interview NS Resident #2, did not conduct any employee interviews as part of the investigation and the investigation was not reviewed by the Executive Director and one other Administrative staff member per facility policy.

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 during medication pass observation, that the medication error rate remained less than 5 %. During medication pass observation on 5/12/16 and 5/13/16, there were 2 medication errors out of 29 opportunities for error, resulting in a medication error rate of 6.8 %.

Findings include:

The Surveyor observed Medication Nurse #1 provide medication to Non-sampled Resident #1 on 5/13/16 at 8:10 A.M. Review of the physician’s orders [REDACTED].#1 was to receive the medication [MEDICATION NAME], a proton pump inhibitor, used to treat acid reflux, 40 milligrams(mg), once daily before meals.

The Surveyor observed Medication Nurse #1 administer [MEDICATION NAME] 40 mg to Non Sampled Resident #1 at 8:10 A.M., after the breakfast meal. The Surveyor asked Medication Nurse #1 if Non Sampled Resident #1 had eaten breakfast. Medication Nurse #1 said Non Sampled Resident #1 did not receive the [MEDICATION NAME] prior to breakfast.

The Surveyor observed Medication Nurse #2 administer medication to Non Sampled Resident #2 at 9:45 A.M. on 5/13/16 at 9:45 A.M. Review of the physician’s orders [REDACTED].#2 was to receive Carvedilol, a beta blocker, 12.5 mg twice a day with food.

The Surveyor observed Medication Nurse #2 administer the medication Carvedilol, 12.5 mg with water, at 9:45 A.M. The Surveyor asked Medication Nurse #2 about the medication administered without food, and Medication Nurse #2 said Non sampled Resident #2’s Carvedilol medication was administered without food.

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

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

Based on observation and interview, the Facility failed to ensure that infection control measures were followed during the medication pass observation on 5/12/16.

Findings include:

On 5/12/16, the Surveyor observed Nurse #1 administer medication to Non sampled Resident #3 at 11:20 A.M. The Surveyor observed Nurse #1 pour Non sampled Resident #3’s pain medication [MEDICATION NAME] 50 milligrams (mg) into her hand and then into the medication cup. The Surveyor said Nurse #1 used words to the effect I don’t want the narcotic to fall.

The Director of Nurses (DON) was interviewed on 5/18/16, at 11:00 A.M. The DON stated that the dispensing of medications into a hand versus a medication cup was not an acceptable practice.

Failed to prepare food that is nutritional, appetizing, tasty, attractive, well-cooked, and at the right temperature.

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

Based on observations, interviews, and records reviewed for 1 of 3 sampled residents, (Resident #2) the Facility failed to ensure meals were served timely and at safe and appropriate temperatures.

Findings include:

The Policy titled, Food Delivery and Service, dated 8/2016, indicated food will be served timely, attractively, at proper temperature and in a form that meets residents’ needs. The Policy titled, Tray Line Service, dated 8/2016, indicated meal trays are prepared accurately and efficiently using proper work flow methods and sanitation standards. The Policy indicated the first employee on the tray line is responsible for reading the tray card aloud including diet, dislikes, special needs and each employee is responsible for checking tray accuracy with the final check made by the employee loading the tray into the cart and/or supervisor.

The Policy titled, Meal Service-Resident’s Room, dated 8/2016, indicated residents who are unable to come to the dining room or who desire to dine in their own room shall be provided with room service. The Policy indicated a diet card shall accompany each tray and the tray shall be delivered within 15 minutes of cart delivery.

Review of Resident Council Meeting Minutes, dated 3/2/17, indicated breakfast trays arrive cold more often than not. The Resident Council Meeting Minutes indicated action taken inform food service team of resident council’s request. The Resident Council Meeting Minutes synopsis further indicated the Food Service Director would do his best to see that the meal trays arrive with complete accuracy, on time and warm.

On 6/12/17 at 12:10 P.M.,the Surveyor observed the first lunch truck arrive to the 2nd floor, although the scheduled time posted for dietary services listed 12:05 P.M. for truck delivery to 2nd floor.

Meal trays were distributed slowly as the last meal tray was served at 12:40 P.M. Four resident’s meal trays remained on the food truck for 30 minutes unserved while the nursing staff waited for the second food truck to be delivered to the 2nd floor. The Surveyor notified Nurse #1 there were four resident’s unserved meal trays on the food truck. Nurse #1 proceeded to have Certified Nursing Assistant (CNA) #1 assist in the delivery of the remaining unserved food trays. Neither the nurse or CNA offered to reheat the trays prior to serving or obtain new trays. The Food Service Director (FSD) arrived on the unit and the Surveyor requested the last tray from the lunch truck be a test tray. The lunch tray was observed with the FSD to have mechanical soft chicken, mechanical soft rice, pudding, mechanical soft carrots, milk, and coffee. The following temperatures were observed:

  • Mechanical soft chicken: 103 degrees Fahrenheit (F) (Normal Range 135 degrees Fahrenheit (F) or above)
  • Mechanical soft rice: 104 degrees (F) (Normal Range 135 degrees (F) or above)
  • Mechanical soft carrots: 100 degrees (F) (Normal Range 135 degrees (F) or above)
  • Pudding: 65 degrees (F) (Normal Range – 41 degrees (F) or below)
  • Milk: 66 degrees (F) (Normal Range – 41 degrees (F) or below)
  • Coffee: 130 degrees (F) (Normal Range – Between 130 degrees (F) and 150 degrees (F)

On 6/12/17 at 12:48 P.M., the Surveyor observed the second lunch truck arrive to the 2nd floor, although the scheduled time posted for dietary services list 12:35 P.M. for truck delivery to the 2nd floor.

Meal trays were distributed slowly as the last meal tray was served at 1:07 P.M. One resident’s meal tray remained on the food truck unserved for 19 minutes while the nursing staff assisted other resident’s. The Surveyor notified Unit Manager #1 there was an unserved resident’s meal tray on the lunch truck. At 1:07 P.M., Unit Manager #1 served the last tray to the resident. The Unit Manager did not offer to reheat the tray prior to service or obtain a new tray. The FSD tested the temperatures of the food on the test tray after the last resident was served. The test tray was observed with the FSD to have ham, cheesy hashbrown casserole, spinach, dinner roll, cake, milk and coffee. The following temperatures were observed:

  • Ham: 99 degrees (F) (Normal Range -135 degrees Fahrenheit (F) or above)
  • Cheesy hashbrown casserole: 120 degrees (F) (Normal Range -135 degrees (F) or above)
  • Spinach: 108 degrees (F) (Normal Range -135 degrees (F) or above)
  • Dinner roll: 103 degrees (F) (Normal Range -135 degrees (F) or above)
  • Milk: 51 degrees (F) (Normal Range – 41 degrees (F) or below)
  • Coffee: 130 degrees (F) (Normal Range – Between 130 degrees (F) and 150 degrees (F)

While Surveyor was observing the meal distribution of the second lunch truck, the nursing staff discovered Resident #2’s lunch tray was not delivered to the unit on the food truck. Nurse #1 called the dietary department to notify them of the missing lunch tray. At 1:08 P.M., Resident #2 was delivered an unidentified tray to his/her room. Upon observation of Resident #2’s lunch tray, the Surveyor observed there was no tray card to indicate who the tray belonged to, the diet, dislikes and special needs. Upon further observation of the unidentified food tray, there was no yogurt on the tray. Resident #2 has a physician’s orders [REDACTED].

The Surveyor interviewed CNA #1 and CNA #2 at 12:30 P.M. on 6/12/17. Both CNA #1 and CNA #2 said they were aware there were resident trays left on the 1st lunch truck unserved. CNA #1 and CNA #2 said they were waiting for the 2nd food truck to arrive to the unit so they can serve the resident’s in the dining room at the same time because they couldn’t serve some resident’s in the dining room and not the others. CNA #1 and CNA #2 said they serve the resident’s who eat in their rooms first, then serve the resident’s who eat in the dining room then serve the resident’s who require 1:1 feed.

The Surveyor interviewed Nurse #1 at 12:35 P.M. on 6/12/17. Nurse #1 said she was unaware there were four resident’s unserved trays on the 1st food truck. Nurse #1 said the CNA’s should have served the four resident’s lunch trays and the trays should not have been left on the 1st lunch truck waiting for the 2nd lunch truck to arrive because the food would be cold. Nurse #1 proceeded to the 1st lunch truck, instructed the CNA’s to assist her in serving the four resident trays who were waiting in the food truck for over 30 minutes.

The Surveyor interviewed the Food Service Director (FSD) at 1:40 P.M. on 6/12/17. The FSD said he did not know why Resident #2’s tray wasn’t on the 2nd lunch truck. The FSD said the kitchen staff should have printed Resident #2’s tray card when they prepared his/her lunch tray and a yogurt should have been on his/her lunch tray. The FSD said the Facility does not have a hot plate pellet system and has no plan to obtain a hot plate pellet system at this time. The FSD said there have been temperature issues with the food after it leaves the kitchen due to issues with delayed delivery of the trays to the resident’s by nursing on the units and that has impacted the temperatures of the food.

The Surveyor interviewed Unit Manager #1 at 5:30 P.M. on 6/12/17. Unit Manager #1 said she was unaware there were unserved food trays on the 1st truck waiting to be served when the 2nd truck arrives and there was an unserved food tray on the 2nd truck. Unit Manager #1 said she revised the food truck resident assignment list and gave it to the kitchen a few weeks ago and was unaware there were any issues with the delivery of the food trays. On 6/12/17 at 6:45 P.M., the Surveyor reviewed her concerns with the Administrator. The Administrator said he was aware of the ongoing dietary issues and the Facility has a plan in place to rectify the issues.

On 6/13/17, the Surveyor received an e-mail from the Administrator titled Dietary Study dated 1/28/17-2/10/17 and Dietary Study dated 2/11/17 – 2/18/17. The study included spot checking resident trays for accuracy in choice, consistency, portion size, adaptive equipment and fortified foods. The study did not include monitoring of food being served at safe temperatures.

Kimwell Nursing 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.


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Page Last Updated: November 18, 2017

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