Wingate at Sharon

Wingate at Sharon Nursing Home Sharon MA

Sharon Elder Abuse and Nursing Home Neglect Attorneys Serving the South Shore

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

Wingate at Sharon Nursing Home Sharon MAWingate at Sharon is a for profit, 66-bed Medicare/Medicaid certified skilled nursing facility that provides services to the residents of Sharon, Canton, Walpole, Stoughton, Mansfield, Norwood, Foxborough, Westwood, Medfield, Dedham, Wrentham, Brockton, Holbrook., Randolph, Norfolk, Easton, Westwood, and the other towns in and near Norfolk County, Massachusetts.

Wingate at Sharon focuses on 24 hour care, respite care, hospice care and rehabilitation services.

Wingate at Sharon
259 Norwood Street
Sharon, MA  02067

Phone: (781) 784-6781
Website: http://wingatehealthcare.com/location/wingate-at-sharon/

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, Wingate at Sharon in Sharon Massachusetts received a rating of 2 out of 5 stars (a below average rating.)

Performance Area Rating
Overall Rating 2 out of 5 (Below Average)
State Health Inspections 1 out of 5 (Much Below Average)
Staffing 5 out of 5 (Much Above Average)
Quality Measures 4 out of 5 (Above Average)

Fines and Penalties Against Wingate at Sharon

Our Nursing Home Neglect Attorney inspected government records and discovered Wingate at Sharon committed the following offenses:

The nursing home failed to keep each resident's personal and medical records private and confidential.

Based on observation and record review, the Facility failed to provide personal privacy
for 3 of 18 sampled residents (Resident #1, Resident #8 and Resident #9) when:

  • Review of approximately 47.5 hours of captured audio/video footage revealed several instances in which staff members left Resident #1’s laying naked in his/her bed while not providing Activities of Daily Living care to him/her.
  • On 3/17/17, Resident #10 observed the incontinence care staff provided to his/her roommate, Resident #8.
  • On 3/30/17 at 5:45 A.M., Surveyor #2 passed the open doorway of a Resident’s room on the long term care unit and observed the Resident in bed receiving incontinence care.

Findings include:

1. Surveyor #1 interviewed Resident #1’s Health Care Agent at 4:20 P.M. on 3/13/17 and Family Member #1 at 4:35 P.M. on 3/13/17.  The Health Care Agent said she asked, and allowed, Family Member #1 to install and operate a video camera in Resident #1’s room from the end of February 2017 through 3/7/17.

Between 3/17/17 and 4/21/17, Surveyors reviewed 47.5 hours of audio/videotape footage from Resident #1’s room provided by the police. The captured audio/video footage portrayed the
following:

  • Several instances in which multiple staff members left Resident #1 laying naked in his/her bed while not providing Activities of Daily Living (ADL) care to him/her for thirty to fifty seconds.
  • An instance in which Resident #1’s privacy curtain was left open when CNA #1 took off Resident #1’s top and brassiere and Resident #1 sat in his/her wheelchair, naked for a total of approximately 1 minute and 45 seconds while CNA #1 spoke to Resident #1’s roommate.

Although Resident #1 was unable to be interviewed by Surveyor #1 due to his/her cognitive deficits, the Reasonable Person Concept presumes that an unimpaired person would experience pain or mental anguish from these all instances of interactions with CNA #1 and other staff members.

2. Surveyor #2 interviewed Resident #10 at 7:00 P.M. on 3/26/17. Resident #10 said that for a few days during his/her stay at the Facility, he/she shared a room with Resident #8. Resident #10 said that on 3/17/17, Resident #8 received care in Resident #8’s bed.

Resident #10 said that his/her privacy curtain was pulled between his/her bed and Resident #8’s bed but he/she could hear the voices of Resident #8 and Certified Nurse Aide (CNA) #4. Resident #10 said that he/she decided to leave his/her room and, when he/she moved away from his/her bedside, and around the pulled privacy curtain between the beds, he/she realized that Resident #8’s privacy curtain had not been pulled closed around the end of the bed prior to beginning care. Resident #10 said that Resident #8 was undressed and his/her legs were spread eagled on the bed while CNA #4 provided his/her care. Resident #10 said that he/she was mortified and felt so embarrassed for Resident #8.

Resident #10 said that he/she immediately reported the fact that CNA #4 left the privacy curtain open to the Director of Nurses.

Surveyor #2 interviewed the Director of Nurses at 12:30 P.M. on 3/27/17. The Director of Nurses said that she reviewed Resident #10’s report and treated the concern as a Grievance. The Director of Nurses provided Surveyor #2 with a Grievance Form dated 3/17/17. The Director of Nurses said that although CNA #4 denied the alleged incident, the Director of Nurses disciplined and educated CNA #4.

3. Surveyor #2 toured the long term care unit from 5:45 A.M. until 10:00 A.M. on 3/30/17. At 5:45 A.M. while walking past the open door of a resident’s room, Surveyor #2 observed Resident #9 in bed receiving incontinence care from CNA #5.

Surveyor #2 interviewed CNA #5 at 7:00 A.M. on 3/30/17. CNA #5 said that she should have closed Resident #9’s bedroom door or pulled the privacy curtain prior to providing Resident #9’s incontinence care but she did not.

Provide care for residents in a way that keeps or builds each resident's dignity and respect of individuality.

Based on interview, observation and record review, for 1 of 18 sampled Residents (Residents #1), the Facility failed to ensure residents were cared for in a manner that promotes enhancement quality of life and recognized individuality. audio/videotape footage provided to the Surveyors by the police captured Activities of Daily Living (ADL) care provided to Resident #1 from the end of February 2017 through 3/7/17 that indicated, but was not limited to, the following: : multiple staff members initiating care for Resident #1 without first explaining the care to be provided; staff entering Resident #1’s room without knocking; staff leaving Resident #1’s television on loud while Resident #1 slept; staff leaving Resident #1’s radio tuned to a hip/hop station and playing loudly; staff left Resident #1 laying naked, uncovered and exposed in his/her for bed while staff stood by but staff were not actively providing any care to him/her, and staff spoke in front of Resident #1 in a language that was not in his/her preferred language of English.

Findings include:

1. Surveyor #1 interviewed Resident #1’s Health Care Agent at 4:20 P.M. on 3/13/17 and Family Member #1 at 4:35 P.M. on 3/13/17. The Health Care Agent said she asked and allowed Family Member #1 to install and operate an audio/video camera in Resident #1’s room from the end of February 2017 through 3/7/17.

Between 3/17/17 and 4/21/17, Surveyors reviewed approximately 47.5 hours of audio/videotape footage of Resident #1’s room, provided by the police, that portrayed approximately 41 instances of concerns with Dignity and 125 concerns with Quality of Life/Resident Rights that included, but was not limited to, the following:

* Multiple instances of CNA #1, CNA #2, and unidentified CNAs not explaining ADL care to Resident #1 prior to initiating care.

* At least two instances in which CNA #1 and an unidentified CNA removed Resident #1’s pants after Resident #1 stated words to the effect of, Don’t pull on my pants! and removed Resident #1’s incontinence brief without explaining the care to be provided to Resident #1 ahead of time.

* At least one instance in which CNA #1 and an unidentified CNA did not explain care to Resident #1 and stood silently behind Resident #1 while undressing him/her.

* At least one instance in which an unidentified CNA did not talk with Resident #1 during meal service.

* At least three instances where CNA #1 grabbed and removed Resident #1’s glasses off his/her face without explaining care ahead of time.

* At least one instance where CNA #1 picked up Resident #1 in a bear hug and transferred him/her from the wheelchair to his/her bed. Resident #1 said words to the effect, Hey! Hey! Stop that! and CNA #2 came from behind Resident #1 and forcefully pulled down his/her pants.

Staff did not speak with Resident #1 before initiating ADL care or during ADL care for him/her, and made no effort to console Resident #1 when he/she became agitated and when Resident #1 was observed to be visibly upset.

2. * Multiple instances in which multiple unidentified staff members entered Resident #1’s room without first knocking on his/her door.

3. * Multiple instances in which multiple unidentified staff members exit Resident #1’s room while leaving Resident #1’s television volume playing loudly and while Resident #1
slept.

4. * Multiple instances in which multiple unidentified staff members provided care to Resident #1 with Resident #1’s radio tuned to a hip/hop station and playing loudly.

5. * Multiple instances in which staff members left Resident #1 laying naked, uncovered and exposed in his/her for bed while staff stood by but staff were not actively providing any care to him/her.

* An instance where Resident #1’s breasts were exposed and the privacy curtain was not closed, and a third unidentified staff member came into Resident #1’s bedroom and asked if the other 2 CNAs wanted to work a double (shift) that day.

6. * An instance where one unidentified CNA told another unidentified CNA words to the effect, She (Resident #1) was one fresh one!

7. * At least 15 instances in which unidentified CNAs spoke in front of Resident #1 in a language that was not in his/her preferred language of English.

Although Resident #1 was unable to be interviewed by Surveyor #1 due to his/her cognitive deficits, the Reasonable Person Concept presumes that an unimpaired person would experience pain or mental anguish from these interactions with CNA #1 and CNA #2 and multiple staff members.

Make sure each resident has the right to have a choice over activities, their schedules and health care according to his or her interests, assessment, and plan of care.

Based on interview, observation and record review, for 2 of 18 sampled Residents (Residents #7 and #12), the Facility failed to ensure residents were cared for in a manner that promoted enhancement quality of life and recognized individuality. On 3/30/17, Surveyor #2 observed Residents #7 and #12 receiving care prior to 7:00 A.M. and Certified Nurse Aides (CNA) #5, CNA #6 and CNA #7 said care was provided early to certain residents because it was too difficult to get all the residents up in time for breakfast if staff waited.

Findings include:

Surveyor #2 made observations on the Massapoag unit between 5:40 A.M. and 8:30 A.M. on 3/30/17. At 5:45 A.M., Surveyor #2 observed Resident #7 and Resident #12 to be in bed and asleep, but not dressed. At 6:15 A.M., Surveyor #2 observed CNA #6 enter Resident #7’s room and draw the privacy curtain around Resident #7’s bed.

At 6:30 A.M., Surveyor #2 observed CNA #5, CNA #6 and CNA #7 enter Resident #7’s with the Hoyer lift (a powered patient lift to assist with transfers), and at 6:35 A.M., Surveyor #2 observed Resident #7 in his/her recliner chair, dressed, with his/her eyes closed outside of his/her bed room door.

Resident #7’s most recently completed Minimum Data Set Assessment Form, dated 2/5/17, indicated that he/she did not usually understand others, was not usually understood by others and his/her decision making skills were severely impaired. Resident #7’s care plan for activities of daily living and care card for CNAs made no mention of Resident #7 preferring to be assisted out of bed early in the morning. At 6:25 A.M. the Surveyor #2 observed CNA #7 enter Resident #12’s bedroom and draw the privacy curtain around his/her bed. At 6:30 A.M., Surveyor #2 observed CNA #5 and CNA #6 enter Resident #12’s room with the Hoyer lift.

At 6:46 A.M., Surveyor #2 observed Resident #12 in a Broda (recliner) chair, dressed, and next to his/her bed with his/her eyes closed. Resident #12’s most recently completed Minimum Data Set Assessment Form, dated 2/5/17, indicated that he/she did not usually understand others, he/she was not usually understood by others, and his/her decision making skills were severely impaired. Resident #12’s care plan for activities of daily living and care card for CNAs made no mention of Resident #12 preferring to be assisted out of bed early in the morning. Surveyor #2 interviewed CNA #5 at 7:00 A.M. on 3/30/17. CNA #5 said she worked on the Massapoag unit during the 11:00 P.M. to 7:00 A.M. shift full time. CNA #5 said that part of the responsibilities of the 11:00 P.M. to 7:00 A.M. CNAs included dressing three residents who get up and eat breakfast in the dining room.

CNA #5 said that on 3/30/17 she washed and dressed Resident #7 and Resident #12 and three other non-sampled residents. CNA #5 said that she left the residents in bed and, when additional staff members arrived to start their shifts at 6:00 A.M., they worked together to get the residents out of bed. Surveyor #2 asked CNA #5 how she chose which residents to get up early and she said that she chose from the list of residents who ate breakfast in the dining room. Surveyor #2 interviewed CNA #6 at 12:00 P.M. on 3/27/17. CNA #6 said that she worked at the Facility full time and she currently worked a 6:00 A.M. to 2:00 P.M. shift on the Massapoag unit. CNA #6 said that the typical routine was that the 11:00 P.M. to 7:00 A.M. shift staff member washed and dressed between two and four residents, and left them clothed and in their beds, prior to 6:00 A.M. when additional staff members started their shift. CNA # 6 said that different residents were chosen each day and, when she arrived for 6:00 A.M. she assisted the 11:00 P.M. to 7:00 A.M. shift staff members to transfer the residents out of bed. CNA #6 said that sometimes the residents were already awake, but sometimes the residents were still asleep when she approached them to get the residents out of bed. CNA #6 said that the CNAs were asked to get the residents up earlier because it was too hard to get all of the residents up in time for breakfast if they waited until the 7:00 A.M. to 3:00 P.M. staff members arrived. Surveyor #2 interviewed CNA #7 at 6:55 A.M. on 3/30/17.

CNA #7 said he worked at the Facility for many years and currently worked the 6:00 A.M. to 2:00 P.M. shift, full time, on the Massapoag and(NAME)units. CNA #7 said that between 6:00 A.M. and 7:00 A.M. he worked on the Massapoag unit helping to get residents out of bed. CNA #7 said that the 11:00 P.M. to 7:00 A.M. shift staff member typically washed and dressed three residents and left them clothed and in bed until at 6:00 A.M. when he or another staff member arrived. CNA #7 said that between 6:00 A.M. and 7:00 A.M. he worked with the 11:00 P.M. to 7:00 A.M. shift staff member to transfer all of the residents, that were washed and dressed prior to 6:00 A.M., out of their beds.

CNA #7 said that the reason why the 11:00 P.M. to 7:00 A.M. shift staff members had to wash and dress residents and leave them in their beds was because all of the residents who ate in the dining room had to be ready and in the dining room by 7:50 A.M. and there was not enough time to get those residents cared for if the staff members waited until after 6:00 A.M. to begin the residents’ personal care.

Make sure each resident receives an accurate assessment by a qualified health professional.

**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on records reviewed and interviews, the Facility failed to ensure that all sections of the residents Minimum Data Set (MDS) assessments were comprehensive and complete to accurately reflect the status for 1 of 18 sampled residents (Resident #1) when the MDS did not indicate that one of Resident #1’s Active [DIAGNOSES REDACTED]

Findings include:

The Psychiatric Progress Note dated 11/1/16, indicated that the following [DIAGNOSES REDACTED].

The Behavior/Intervention Monthly Flow Record, dated February 2017 and March 2017 indicated Resident #1 was being monitored for Depression. Resident #1’s Quarterly MDS Assessment, dated 1/25/17, indicated that Resident #1 did not have a [DIAGNOSES REDACTED].

The Surveyor interviewed the Director of Nurses (DON) at 12:30 P.M. on 3/21/17. The DON said that the Facility was monitoring Resident #1’s mood and that his/her [MEDICATION NAME] was discontinued on 10/29/16. The DON said the psychiatric notes, dated 11/1/16 indicated that Resident #1 was prescribed [MEDICATION NAME] for depression. The DON said Resident #1 had an active [DIAGNOSES REDACTED].

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 records reviewed and interviews and for 1 of 18 sampled Residents (Resident #1), the Facility failed to develop a care plan to address Resident #1’s resistance to care. Although audio/videotape footage captured in Resident #1’s room from the end of February 2017 through 3/7/17 portrayed multiple instances of Resident #1’s resistance to care, the behavioral symptoms had not been identified on his/her care plan and no additional care plan interventions were communicated.

Findings include:

The Documentation of Resident Incapacity Form dated 11/3/15, indicated that Resident #1’s Physician activated Resident #1’s Health Care Proxy indefinitely due to dementia, memory loss and disorientation.

The Quarterly Minimum Data Set (MDS) Assessment, completed 1/25/17, indicated Resident #1 required extensive assistance with a two person physical assist with bed mobility and with transfers. The MDS Assessment indicated Resident #1 was sometimes understood and sometimes understood others, had moderately impaired decision-making and his/her behavioral symptoms were limited to wandering.

The Altered Cognitive/Communication Care Plan, revised on 2/16/17, indicated Resident #1 required assistance with decision making secondary to memory loss, and missing part of messages related to the [DIAGNOSES REDACTED].#1 as needed, repeating and rephrasing to enhance comprehension, using simple yes/no answers for questions, anticipating resident’s needs, paying attention to non-verbal cues and allowing the resident ample time to respond to questions.

Surveyor #1 interviewed Resident #1’s Health Care Agent at 4:20 P.M. on 3/13/17 and Family Member #1 at 4:35 P.M. on 3/13/17. The Health Care Agent said she asked and allowed Family Member #1 to install and operate an audio/video camera in Resident #1’s room from the end of February 2017 through 3/7/17.

Between 3/17/17 and 4/21/17, Surveyors reviewed the audio/videotape footage provided by the police. The captured audio/videotape footage portrayed multiple instances of Resident #1’s resistance to care including:

* Swatting at staff members,

* Struggling to pull away from staff members providing care, and

* Making angry and threatening statements during care including words to the effect, Wait and see what is up for you!, How dare you do this!, You ought to be ashamed of yourselves!, Get away from me!, Knock it off!, and Get the hell away from me! In spite of Resident #1’s observed behavior and being visibly upset, staff did not attempt to reassure, reapproach, distract or console Resident #1. Instead, staff acted without regard for Resident #1’s agitated behavior and continued with the task at hand, ignoring Resident #1’s pleas.

Prior to 3/13/17, Resident #1’s Altered Cognitive/Communication Care Plan did not identify that Resident #1’s behavioral symptoms included being resistance to care.

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 records reviewed and interviews and for 1 of 18 sampled Residents (Resident #1), the Facility failed to ensure that Resident #1’s care plan was consistently implemented. Audio/videotape footage captured in Resident #1’s room from the end of February 2017 through 3/7/17 portrayed staff members transferring Resident #1 between wheelchair and bed alone, and moving Resident #1 in bed alone, despite care plan interventions directing that Resident #1 required the assistance of two staff members for transfers between surfaces and for bed mobility.

Findings include:

The Documentation of Resident Incapacity Form dated 11/3/15, indicated that Resident #1’s Physician activated Resident #1’s Health Care Proxy indefinitely due to dementia, memory loss and disorientation. The Quarterly Minimum Data Set (MDS) Assessment, completed 1/25/17, indicated Resident #1 required extensive assistance with a two person physical assist with bed mobility and with transfers. The MDS Assessment indicated Resident #1 [DIAGNOSES REDACTED].

The Activity of Daily Living Flow Monthly Flow Sheet, dated February 2017 and dated March 2017, indicated Resident #1 required an assist of two staff members for bed mobility. Resident #1’s Care Card, updated 2/14/17, indicated Resident #1 was an assist of 2 for positioning and for transfers. Resident #1’s ADL (Activities of Daily Living) Self Care Deficit Care Plan, dated 2/1/17, indicated Resident #1 was an assist of two staff throughout the entire task for transfers.

Surveyor #1 interviewed Resident #1’s Health Care Agent at 4:20 P.M. on 3/13/17 and Family Member #1 at 4:35 P.M. on 3/13/17. The Health Care Agent said she asked and allowed Family Member #1 to install and operate an audio/video camera in Resident #1’s room from the end of February 2017 through 3/7/17.

Between 3/17/17 and 4/21/17, Surveyors reviewed the audio/videotape footage of Resident #1’s room provided by the police. The captured audio/video footage portrayed the following:

* At least three instances in which staff members transferred Resident #1 from his/her wheelchair into his/her bed alone.
* Multiple instances in which staff members positioned Resident #1 in bed alone.
* An instance where Certified Nurse Aide (CNA) #1 picked up Resident #1 in a bear hug and transferred from the wheelchair to his/her bed, and Resident #1 said words to the effect, Hey! Hey! Stop that! and was observed to be visibly upset.
Surveyor #1 interviewed CNA #1 at 12:23 P.M. on 3/16/17. CNA #1 said although she knew that Resident #1 required the assistance of two people when transferring between surfaces, she transferred Resident #1 alone, and CNA #1 said she should not have done that.

Have enough nurses to care for every resident in a way that maximizes the resident's well being.

Based on interview, observation and record review, for 2 of 18 sampled Residents (Residents #7 and #12), the Facility failed to ensure adequate staff were present to care for residents. On 3/30/17, Surveyor #2 observed Resident #7 and Resident #12 receiving care prior to 7:00 A.M. and Certified Nurse Aides (CNA) #5, CNA #6, and CNA #7 said care was provided early to certain residents because it was too difficult to get all the residents up in time for breakfast if they waited, given the number of staff assigned.

Findings include:

Surveyor #2 made observations on the Massapoag unit between 5:40 A.M. and 8:30 A.M. on 3/30/17. At 5:45 A.M., Residents #7 and #12 were observed to be in bed and asleep. At 6:15 A.M., Surveyor #2 observed CNA #6 enter Resident #7’s room and draw the privacy curtain around Resident #7’s bed. At 6:30 A.M., Surveyor #2 observed CNA #5, CNA #6, and CNA #7 enter Resident #7’s room with the mechanical lift, and at 6:35 A.M., Surveyor #2 observed Resident #7 in his/her recliner chair with his/her eyes closed outside of his/her bed room door.

Resident #7’s most recently completed Minimum Data Set Assessment Form, dated 2/5/17, indicated that he/she did not usually understand others, was not usually understood by others and his/her decision making skills were severely impaired. Resident #7’s care plan for activities of daily living and care card for CNAs made no mention of Resident #7 preferring to be assisted out of bed early in the morning.

At 6:25 A.M., Surveyor #2 observed CNA #7 enter Resident #12’s bedroom and draw the privacy curtain around his/her bed. At 6:30 A.M., Surveyor #2 observed CNA #5 and CNA #6 enter Resident #12’s room with the mechanical lift. At 6:46 A.M., Surveyor #2 observed Resident #12 in a Recliner chair next to his/her bed with his/her eyes closed. Resident #12’s most recently completed Minimum Data Set Assessment Form, dated 2/5/17, indicated that he/she did not usually understand others, was not usually understood by others and his/her decision making skills were severely impaired. Resident #7’s care plan for activities of daily living and care card for CNAs made no mention of Resident #7 preferring to be assisted out of bed early in the morning.

Surveyor #2 interviewed the Assistant Director of Nurses (ADON) at 10:00 A.M. on 4/12/17.

Surveyor #2 reviewed the conditions and care needs of the 19 residents who resided on the Massapoag unit, as of 4/12/17. The ADON said that 13 residents ate breakfast in the dining room and required personal care and dressing prior to 8:00 A.M. when breakfast was served. The ADON said that of the 13 residents, 8 required the physical assistance of two staff members with personal care and 5 required the physical assistance of one staff member with personal care. The ADON said that of the 13 residents, 10 required the assistance of two staff members, with or without a mechanical lift, to transfer out of bed and the remaining 3 residents required the physical assistance of one staff member to transfer out of bed. Surveyor #2 asked the ADON about Resident #7 and Resident #12. The ADON said Resident #7 and Resident #12 were dependant for personal care and required the assistance of two staff members. The ADON said that the Massapoag unit was scheduled with one CNA before 6:00 A.M., three CNAs between 6:00 A.M. and 7:00 A.M. and two CNAs between 7:00 A.M. and 8:00 A.M. daily. Surveyor #2 and the ADON calculated that if the CNAs on duty provided care to the 13 residents between 6:00 A.M. and 8:00 A.M., they would be able to allot approximately ten minutes of care per resident.

Surveyor #2 interviewed CNA #5 at 7:00 A.M. on 3/30/17. CNA #5 said she worked on the Massapoag unit during the 11:00 P.M. to 7:00 A.M. shift full time. CNA #5 said that part of the responsibilities of the 11:00 P.M. to 7:00 A.M. CNAs included, sometime prior to 6:00 A.M., dressing three residents who get up and eat breakfast in the dining room. CNA #5 said that on 3/30/17 she washed and dressed Resident #7 and Resident #12 and three other non-sampled residents. CNA #5 said that she left the residents in bed and, when additional staff members arrived to start their shifts at 6:00 A.M., they worked together to get the residents out of bed. Surveyor #2 asked CNA #5 how she chose which residents to get up early and CNA #5 said that she chose from the list of residents who ate breakfast in the dining room.

Surveyor #2 interviewed CNA #6 at 12:00 P.M. on 3/27/17. CNA #6 said that she worked at the Facility full time and she currently worked on the 6:00 A.M. to 2:00 P.M. shift on the Massapoag unit. CNA #6 said that the typical routine was that the 11:00 P.M. to 7:00 A.M. shift staff member washed and dressed between two and four residents prior to 6:00 A.M. when additional staff members started their shift. CNA # 6 said that different residents were chosen each day and, when she arrived at 6:00 A.M., she assisted the 11:00 P.M. to 7:00 A.M. shift staff members to transfer the residents out of bed. CNA #6 said that sometimes the residents were already awake, but sometimes the residents were still asleep when she approached them to get out of bed. CNA #6 said that the CNAs were asked to get the residents up earlier because it was too hard to get all of the residents up in time for breakfast if they waited until the 7:00 A.M. to 3:00 P.M. staff members arrived. Surveyor #2 interviewed CNA #7 at 6:55 A.M. on 3/30/17. CNA #7 said he worked at the Facility for several years and currently he worked a 6:00 A.M. to 2:00 P.M. shift full time on the Massapoag and(NAME)units. CNA #7 said that between 6:00 A.M. and 7:00 A.M. he worked on the Massapoag unit helping to get residents out of bed. CNA #7 said that the 11:00 P.M. to 7:00 A.M. shift staff member typically washed and dressed three residents, sometime prior to 6:00 A.M., and left the residents, clothed and in bed until at 6:00 A.M., when he or another staff member arrived. CNA #7 said that between 6:00 A.M. and 7:00 A.M. he worked with the 11:00 P.M. to 7:00 A.M. shift staff member to transfer all of the residents that were washed and dressed prior to 6:00 A.M. out of their beds. CNA #7 said that the reason why the 11:00 P.M. to 7:00 A.M. shift staff members had to wash and dress residents and leave them in their beds was because all of the residents who ate in the dining room had to be ready and in the dining room by 7:50 A.M. and there was not enough time to get those residents cared for if the staff members waited until after 6:00 A.M. to start to provide each resident’s personal care.

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

Based on observation and interview, for 4 of 18 sampled residents (Resident #1, Resident #4, Resident #5, and Resident #6), the Facility failed to ensure implementation of infection control practices. Review of audio/videotape footage from Resident #1’s bedroom, recorded between the end of February 2017 through 3/7/17, showed multiple instances of poor infection control practices during Resident #1’s personal care. During Surveyor observations of Residents eating breakfast in the Dementia Unit dining room on 3/27/17, Nurse #3 failed to wash her hands before coming into contact with Resident #4, Resident #5 and Resident #6 and/or their food.

Findings include:

1. Surveyor #1 interviewed Resident #1’s Health Care Agent at 4:20 P.M. on 3/13/17 and Family Member #1 at 4:35 P.M. on 3/13/17. The Health Care Agent said she asked and allowed Family Member #1 to install and operate a video camera in Resident #1’s room between the end of February 2017 through 3/7/17.

Between 3/17/17 and 4/21/17, Surveyors reviewed approximately 47.5 hours of captured audio/video footage of Resident #1’s room, provided by the police, that portrayed approximately 41 instances of concerns with Infection Control that included, but was not limited to, the following:

* CNA #2 failed to remove dirty gloves and perform hand hygiene before touching Resident #1’s hair multiple times over several minutes.

* Multiple unidentified Certified Nurse Aides (CNAs) walked out of Resident #1’s room with soiled gloves on after providing incontinence care to Resident #1 without performing hand hygiene prior to leaving Resident #1’s room.

* An unidentified CNA failed to remove soiled gloves or perform hand hygiene after removing Resident #1’s incontinence brief and used the same soiled gloves to touch a tube of cream applied to Resident #1’s buttocks.

* An unidentified CNA touched Resident #1’s eye glasses after providing incontinence care to Resident #1 and did not perform hand hygiene or remove dirty gloves prior to touching Resident #1’s eye glasses.

* Multiple unidentified CNAs did not remove soiled gloves or perform hand hygiene after washing Resident #1 or after providing Resident #1’s incontinence care, and continued to wear soiled gloves while preparing Resident #1’s bed with clean linen and dressing Resident #1 in clean clothes.

* An unidentified CNA never removed soiled gloves or performed hand hygiene before touching Resident #1’s bed room door handle and left Resident #1’s bedroom with unclean gloves on.

* An unidentified CNA failed to remove soiled gloves or perform hand hygiene following Resident #1’s personal care had wore the same soiled gloves when touching Resident #1’s bedroom door handle, Resident #1’s hair brush, wheelchair and glasses.

2. Surveyor #2 observed breakfast service on the Dementia Unit at 7:55 A.M. on 3/27/17. Surveyor #2 observed that Nurse #3 did not wash her hands before sitting down to feed Resident #4.

At 8:20 A.M., Resident #5 spilled orange juice on his/her table and floor. Nurse #3 jumped up from the table where she was feeding Resident #4 to wipe up the spilled orange juice from Resident #5’s table and from the floor. Nurse #3 returned to feed Resident #4 without performing hand hygiene.

At 8:25 A.M., Nurse #3 finished feeding Resident #4 and returned to Resident #5’s table. Nurse #3 cleared the plates, cups, silverware and trays from the other two residents who had been seated with Resident #5 and wiped the table. Without performing hand hygiene, Nurse #3 sat down and began to assist Resident #5 to eat. At 8:35 A.M., Nurse #3 finished feeding Resident #5 and removed his/her plate, cup and tray from the table. After delivering the tray back to the meal truck, Nurse #3 approached Resident #6 and asked how his/her hands were doing. Nurse #3 took Resident #6’s hand into her own hands and turned them over, checking the skin. After examining Resident #6, Nurse #3 performed hand hygiene.

Surveyor #2 interviewed Nurse #3 briefly after breakfast on 3/27/17 and at 4:00 P.M. on 4/4/17. Nurse #3 said that she checked Resident #6’s hand because he/she had irritation from frequent hand washing and a new treatment had been implemented. Nurse #3 said that hand hygiene should be performed before every patient contact. Nurse #3 said that she thought that she performed hand hygiene before feeding Resident #4 and Resident #5, and before examining Resident #6’s hands.

Wingate at Sharon, 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 15, 2017

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