M I Nursing & Restorative Center (Mary Immaculate Health/Care Services)

M I Nursing & Restorative Center

MI Elder Abuse Free Legal ConsultationDid someone you love suffer elder abuse or neglect at M I Nursing & Restorative Center? 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 M I Nursing & Restorative Center

M I Nursing & Restorative CenterM I Nursing & Restorative Center (Mary Immaculate Health/Care Services) is a non-profit, 250-bed Medicare/Medicaid certified skilled nursing facility that provides services to the residents of  North Andover, Methuen, Andover, and the other towns in and surrounding Essex County, Massachusetts.

Mary Immaculate focuses on 24 hour care, respite care, hospice care and rehabilitation services.

M I Nursing & Restorative Center
172 Lawrence Street
Lawrence, MA 01841

Phone: (978) 685-6321
Website: http://www.mihcs.org/

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, M I Nursing & Restorative Center in Lawrence Massachusetts received a rating of 3 out of 5 stars.

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

 

Fines and Penalties

Our Nursing home fall injury Lawyers inspected government records and discovered M I Nursing & Restorative Center committed the following offenses:

The nursing home failed to 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 staff interview, the facility failed to ensure that one Resident, (Resident #4) out of 30 sampled residents, had been properly assessed to self-administer medications, and store those medications safely. Resident #4 had a tube of [MEDICATION NAME] gel on top of the his/her over bed table and an inhaler (Pro air) in an open, unlocked drawer of his/her dresser.

Findings include:

Review of the facility policy entitled Self-Administration of Medication Policy, undated, indicates in part, Each resident who desires to self-administer medication is permitted to do so if the facility’s interdisciplinary team has determined that the practice would be safe for the resident. Procedure: 4. The results of the interdisciplinary team assessment are recorded on the Medication Self-Administration Assessment Form .and 6. Bedside medication storage is permitted only when it does not present a risk to confused residents who wander into the rooms of, or room with, residents who self-administer. The following conditions are met for bedside storage to occur: a. The manner of storage prevents access by other residents.

Review of Resident #4’s clinical record indicated he/she was admitted to the facility in 2/2017 with [DIAGNOSES REDACTED]. The most recent MDS quarterly assessment on 6/13/17 indicated Resident #4 has a Brief Interview for Mental Status (BIMS) score of 10 out of 15 (indicating moderate cognitive impairment). There was no evidence in the clinical record to indicate that Resident #4 had been assessed for his/her ability to self-administer medications. On 8/31/17 at 9:20 A.M., during intervew with Resident #4, the Surveyor observed a tube of [MEDICATION NAME] gel on the over bed table.

The Surveyor was sitting near the Resident’s open drawer and observed what appeared to be an inhaler in the drawer. The Surveyor located Nurse #2, who accompanied the Surveyor to Resident #4’s room and showed Nurse #2 the medications. Nurse #2 explained to the Resident that he/she did not have the necessary paperwork to self administer the medications and that they should have been locked up at the nurses station. The resident allowed Nurse #2 to take the medications.

The nursing home 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 observation, record review and staff interview the facility failed to provide services in accordance with the care plan and physician’s orders for 3 Residents (#2, #10, and #20) in a total sample of 30 residents.

Findings include:

1. For Resident #2 the facility failed to provide adaptive equipment/large handle utensils per physician orders. Resident #2 was admitted to the facility in 1/2012 with [DIAGNOSES REDACTED].

The most recent annual Minimum Data Set (MDS) assessment, dated 7/16/17, indicated that Resident #2 was independent with eating with set up and had a Brief Interview of Mental Status score (BIMS) of 9/15 indicating moderate cognitive impairment.

Review of the physician orders for 8/2017 indicated an order for [REDACTED]. Review of the care plan, dated 7/21/17 indicated that Resident #2 had a significant weight loss over the past 6 months, and is at risk for continued weight changes. An approach on the care plan, dated 7/21/17, indicated to offer large handle utensils for meals and snacks. During observation on 8/30/17 at 8:12 A.M., Resident #2 was observed in the sitting room with his/her breakfast. Resident #2 did not have the adaptive large handled utensils as ordered and was trying to use regular utensils with some difficulty.

During observation on 8/31/17 at 8:15 A.M., Resident #2 was observed in the the sitting room with his/her breakfast. Resident #2 did not have the adaptive large handled utensils as ordered and was using his/her hands to eat his/her eggs, and homefries. During interview with CNA #1 on 8/31/17 at 8:25 A.M., she said she did not know why Resident #2 did not have the large handled utensils at breakfast and that she had not seen the utensils in the past few weeks that she had been assisting Resident #2 during meals. During interview with the Unit Manager #1 on 8/31/17, at 8:30 A.M., she said it was just brought to her attention that the utensils were not being used and she added the use of the adaptive equipment: large handled utensils to the CNA care card. 2. Resident #20 was admitted to the facility in 4/2017 with a [DIAGNOSES REDACTED]. Review of the resident’s record indicated the resident went to [MEDICAL TREATMENT] three times a week. The resident’s care plan for [MEDICAL TREATMENT] had an intervention for: monitor I & O (Intake and Output). On 8/31/17 at 8:30 A.M., Nurse #2 stated all I & O’s are recorded on the medication administration record (MAR).

Review of the MAR indicated there was no documentation of the I & O’s. Further review of the resident’s clinical record indicated there was no evidence of any documentation for the monitoring of the I & O’s. 3. For Resident #10 the facility failed to supervise the resident during meals. Resident #10 was admitted to the facility in 10/2013 with [DIAGNOSES REDACTED]. Review of the annual MDS dated [DATE], indicated the Resident had sustained a significant weight loss over the previous quarter.

Review of the Resident’s quarterly MDS dated [DATE], indicated the Resident required supervision with eating. Review of the Facility document titled CNA-Resident Care Needs Sheet (Kardex) with Resident #10’s name located in the top left hand corner, indicated that Resident #10 required continual supervision with all meals at no more than a 1:8 ratio. On 8/29/2017 from 12:25 P.M. to 12:42 P.M., the Surveyor observed Resident #10 eating in bed with her/his lunch tray placed on the over bed table in front of her/him. No staff members were in the room supervising her/him. On 8/30/2017 at 8:15 A.M., the surveyor observed resident #10 eating in bed with her/his breakfast in front of her/him on the over bed table. No staff members were in the room supervising her/him. On 8/30/2017 at 12:26 P.M. the Surveyor observed C.N.A. #2 deliver Resident #10’s room with her/his lunch, place it on the over bed table, cut up the food, hand utensils to Resident #10 and leave the room while the Resident started to eat.

On 8/31/2017 at 8:13 A.M., the surveyor observed Resident #10 eating in bed with her/his breakfast in front of her/him on the over bed table. No staff members were in the room supervising her/him while eating. During an interview on 8/31/2017 at 9:45 A. M, C.N.A. #3 said if a resident is in their room and requires supervision, then someone will sit in their room with them while they are eating. During an interview on 8/31/2017 at 10:00 A. M., C.N.A. #4 said they are assigned the residents who need supervision and stay in the room with them while they eat.

During an interview on 8/31/2017 at 10:02 C.N.A. #5 said the staff are aware of who requires supervision with eating. She said the information is located at the nurses station in a book containing a Kardex on each resident that directs the C.N.A.’s on how to care for the residents.

The facility failed to store, cook, and serve food in a safe and clean way.

Based on observations, the facility failed to maintain equipment, in clean and working order in accordance with professional standards for food service safety.

Findings include:

The facility failed to use and maintain equipment and food contact surfaces to prevent cross-contamination.

1. A fan that was turned on located over the food preparation area was dusty.
2. 15 out of 15 cutting boards were stained and had cuts in the boards. The cuts prevent proper sanitation.
3. 5 out of 5 sauce pans had no Teflon on them or had peeling Teflon.
4. 5 of 5 pastry brushes were sticky and greasy.

The nursing home 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 observations, interview and review of the facility policy, the facility failed to follow proper infection control practices for the prevention and spread of infection, for 3 sampled residents (#5, #8, and #13) out of a total sample of 30 residents and one non-sampled Resident (NS #1).

Findings include:

Review of the facility’s Clean Dressing Change policy indicates that the nurse should remove gloves and wash hands before applying the topical agent.

1. On 8/30/17 at 10:45 A.M., the Surveyor entered Resident #5’s room with Nurse #1 to observe a dressing change treatment. Nurse #1 wiped the beside table with an appropriate solution, washed his hands and placed a clean field drape. Nurse #1 then opened several gauze containers and a bottle of wound cleansing solution. Nurse #1 then donned a pair of gloves and sprayed the cleansing solution on a gauze and wiped the wound and disposed the gauze. Nurse #1 then repeated this process two more times. Nurse #1 then removed his gloves and disposed of the gloves. Nurse #1 then donned a new pair of gloves without washing his hands. Nurse #1 then measured the wound at 1 cm, by holding a cotton swab against the wound, and then measuring the cotton swab against a tape measure. Nurse #1 then removed his gloves and disposed of them, and donned a new pair of gloves. Nurse #1 did not wash or sanitize his hands. Nurse #1 then covered the wound with [MEDICATION NAME] lotion as ordered and completed the wound dressing. At 10:55 A.M., the surveyor interviewed Nurse#1 and he acknowledged that he should have washed his hands between cleansing the wound and applying the dressing. On 8/31/17, at 11:00 A.M. the Director of Nurses (DON) was interviewed by the Surveyor. The DON acknowledged that the nurse should have washed his hands after cleaning the wound, as indicated in the facility’s policy.

2. During an observation of lunch meal on 8/29/17 at 12:10 P.M., in the 2nd dining room (quiet room) on the Dementia Special Care Unit (DSCU), 1 of 2 Certified Nursing Assistants (CNA) failed to follow standard infection control practices for the prevention and spread of infection for 1 non-sampled Resident (NS#1). CNA got a cup of ice out of a gray plastic container that held cartons and bottles of various drinks. She added the ice to a (NS#1’s) drinking cup. The ice in the container was used to keep the cartons and bottles of drinks cold and not to be served for consumption.

3. For 1 Resident (#13) the facility failed to follow standard infection control practices for the prevention and spread of infection related to medical equipment used for aerosolized medications. On 8/30/17 at 8:20 A.M. and on 8/31/17 at 9:05 A.M., the Surveyor observed Resident #13 in her/his room in bed with the nebulizer tubing lying on top of her/his dresser without a protective covering. On 8/31/17 @ 11:45 A.M., The Surveyor observed the nebulizer tubing lying on top of Resident #13’s dresser without a protective covering.

4. During observation on 8/29/17 at 7:54 A.M., on Unit 3 B outside the sitting room/dining area the following was observed: A CNA wearing gloves pushed a dirty linen cart in the hall and placed it in close proximity of the food truck with resident food trays waiting distribution to residents. The CNA was then observed removing the gloves as she entered room [ROOM NUMBER] and placed clean gloves on without performing hand hygiene. At 7:59 A.M., a second food cart was present and the dirty linen cart was observed in between the 2 food carts, holding trays waiting distribution to residents.

5. For Resident #8 the Facility failed to maintain proper infection control practices during a dressing change. Resident #8 was admitted to the Facility in 11/2016 with [DIAGNOSES REDACTED]. During a dressing change on 8/30/2017, at 1:12 P.M. the following was observed: *Nurse #3 performed hand hygiene and donned gloves. She placed supplies on top of the over bed table without cleaning it and without placing a protective barrier on top of the table. *Nurse #3 then position Resident #8 and began to remove the Resident’s garments in preparation for the dressing change.

*Nurse #3 removed her gloves and left the room.

*Nurse #3 returned to the Resident’s room and donned gloves without performing hand hygiene.

*Nurse #3 then continued to remove resident’s garments and removed her gloves. *Nurse #3, without performing hand hygiene, opened the gauze dressings and donned gloves.

*Nurse #3 cleansed the wound with the gauze dressings, removed her gloves, and without performing hand hygiene opened the sterile cotton swabs and antibiotic ointment.

*Nurse #3 donned gloves, without performing hand hygiene, applied the antibiotic ointment with the cotton swab to the wound.

*Nurse #3 removed her gloves, did not perform hand hygiene, and opened a protective dressing.

*Nurse #3 donned gloves, did not perform hand hygiene and applied the protective dressing.

Review of the facility document titled Clean Dressing Change and dated 9/16, indicated that hand hygiene is to be performed between glove changes and before leaving a resident’s room. During an interview on 8/31/2017, at 10:30 A.M., the DNS said that the nurses are taught to wash their hands anytime gloves are changed and before leaving a resident room.

M I Nursing & Restorative Center, 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: December 30, 2017

 

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