More Than $250,000 Recovered from Massachusetts Nursing Homes to Resolve Neglect Allegations

Introduction and Summary of Allegations

The Massachusetts Attorney General announced settlements this month with five separate nursing homes in the state to resolve allegations of patient neglect and inadequate care. Such allegations are alarmingly common nationwide, and sadly, often go unresolved. Read on to learn more about this month’s settlements in Massachusetts and for more background on the nursing homes involved. Doing so may equip you with knowledge you can use to prevent or fight back against such a situation from happening to your own loved one in a nursing home.

While the details of the allegations at each nursing home varied, all involved preventable harm to nursing home residents, and some involved residents’ deaths. The nursing homes will pay a total combined penalty of more than $250,000 to resolve the allegations, and each facility will need to adhere to specific training and compliance requirements related to patient safety and care.

New Massachusetts Elder Care Legislation

In light of such cases, the Massachusetts Attorney General introduced a bill in 2021 aimed at further protecting the state’s vulnerable elderly population. Under the new legislation, the Attorney General’s office can seek larger civil penalties in response to the abuse, mistreatment, or neglect of nursing home residents and patients receiving in-home care. Specifically, the new legislation outlines that the civil penalties in such cases shall not exceed:

• $25,000 if no bodily injury results
• $50,000 if bodily injury results
• $100,000 if sexual assault or serious bodily injury results
• $250,000 if death results

While this bill’s introduction is encouraging, it also serves as a reminder of the pervasiveness of the elder neglect problem across the country. Facilities must continue to be held accountable when they fail to meet the needs of their patients, and a relentless dedication to justice is required to ensure this happens. Understanding the various types of mistreatment that nursing home residents can face is an important step in this process, which is why more information about each nursing home involved in this month’s settlements in Massachusetts is outlined below.

Background Information on Brandon Woods of New Bedford

Brandon Woods of New Bedford is a for-profit nursing home in Bristol County, Massachusetts. This 135-bed facility is located at 397 County Street in New Bedford. Brandon Woods of New Bedford offers various services including nursing & rehabilitation, memory care, respite, hospice, home care, and senior transportation.

Deficiencies alleged in the Lawsuit against Brandon Woods of New Bedford

Deficiencies revealed by the report detailing the facility’s most recent health inspection as of the date of this article’s publication included that the facility staff failed to properly screen all visitors for COVID-19 symptoms, failed to notify resident families in a timely fashion that a staff member tested positive for COVID-19 in one instance, and failed to ensure that one resident’s medications were appropriately handled.

Summary of Settlement Reached Between Massachusetts Attorney General and Brandon Woods of New Bedford

The Massachusetts Attorney General’s office reached a settlement with Brandon Woods of New Bedford that requires it to pay $52,000 to resolve allegations that in 2018 the nursing home’s staff failed to appropriately turn and reposition a resident at high risk for pressure wounds for over five weeks. The patient later died at the hospital where she was admitted after a rapid health decline related to pressure injuries. In addition to the financial settlement, Brandon Woods of New Bedford is also required to follow a compliance program that will train staff on preventative skin care and how to properly reposition patients.

Background Information on Heritage Hall North

Heritage Hall North is a for-profit nursing home in Hampden County, Massachusetts. This 124-bed facility is located at 55 Cooper Street in Agawam. Heritage Hall North offers post-hospital, short-term rehabilitation as well as long-term and respite care services.

Deficiencies at Heritage Hall North Nursing Home

Deficiencies revealed by the report detailing the most recent health inspection at Heritage Hall North as of the date of this article’s publication included that the facility failed to develop a baseline care plan for one out of twenty sampled residents, failed to utilize hand rolls in accordance with one resident’s care plan, and failed to ensure the physician-ordered therapeutic diet was provided for one out of twenty sampled residents.

Summary of Settlement Reached Between Massachusetts Attorney General and Heritage Hall North

The Massachusetts Attorney General’s office reached a settlement with Heritage Hall North requiring it to pay $55,175 to resolve allegations that the facility did not maintain a program of preventative skin care, failed to comply with long-term care regulations, and neglected a resident during her post-surgery rehabilitation at the facility, which resulted in avoidable pressure injuries. In addition to the financial settlement, Heritage Hall North must complete a three-year compliance program for its staff to be trained on preventative skin care among other compliance requirements.

Background Information on Heritage Hall West

Heritage Hall West is a for-profit nursing home in Hampden County, Massachusetts. This 164-bed facility is located at 61 Cooper Street in Agawam. Heritage Hall West offers post-hospital, short-term rehabilitation as well as long-term and respite care services.

Deficiencies at Heritage Hall West

Deficiencies revealed by the report detailing the most recent health inspection at Heritage Hall West as of the date of this article’s publication included that the facility failed to provide an Advance Beneficiary Notice for one out of three applicable residents, failed to develop a baseline care plan within 48 hours of admission to the facility for one out of 22 sampled residents, and failed to obtain a physician’s order for one resident’s necessary oxygen supply.

Summary of Settlement Reached Between Massachusetts Attorney General and Heritage Hall West

Following an investigation that concluded Heritage Hall West failed to conduct trainings related to patient medical emergencies between May 13, 2016 and July 10, 2019, and also failed to properly train its nursing staff with on the use of automated external defibrillators between September 16, 2016 and July 10, 2019, Heritage Hall West will be required to pay $33,725 and begin a three-year compliance program to ensure its staff receives adequate training.

Background Information on Sarah Brayton Nursing Center of Fall River

Sarah Brayton Nursing Center is a for-profit nursing home in Bristol County, Massachusetts. This 183-bed facility is located at 4901 North Main Street in Fall River. Sarah Brayton offers short-term rehabilitation services as well as long-term care.

Deficiencies Alleged in the Lawsuit Against Sarah Brayton Nursing Center of Fall River

Deficiencies revealed by the report detailing the most recent health inspection at Sarah Brayton as of the date of this article’s publication included that the facility failed to thoroughly investigate an abuse allegation from one resident out of a sample of 26, failed to put a comprehensive care plan in place for six out of 26 sampled residents, and failed to prevent the further decline of one resident’s clinical condition by providing adequate care.

Summary of Settlement Reached Between Massachusetts Attorney General and Sarah Brayton Nursing Center of Fall River

To resolve allegations that the facility failed to properly implement its continence care protocol for multiple residents or ensure staff competencies in bowel management protocols, Sarah Brayton Nursing Center will be required to pay $81,500. One resident was reported to have died due to severe fecal compaction following hospitalization from inadequate care at the facility.

Background Information on Wingate at Silver Lake

Wingate at Silver Lake is a for-profit nursing home in Plymouth County, Massachusetts. This 164-bed facility is located at 17 Chipman Way in Kingston. Wingate at Silver Lake offers short-term rehabilitation, long-term care, and respite care services.

Alleged Failures at Wingate at Silver Lake Nursing Home

Deficiencies revealed by the report detailing the most recent health inspection at Wingate at Silver Lake as of the date of this article’s publication included that the facility failed to properly implement the care plan for two out of 30 sampled residents, failed to ensure that a resident’s medications were correctly administered according to physician orders, and failed to ensure that pain management services were provided to multiple residents in need of them.

Summary of Settlement Reached Between Massachusetts Attorney General and Wingate at Silver Lake

Wingate at Silver Lake must pay $30,000 following allegations that arose from an investigation finding the facility’s staff was not CPR certified or properly trained for emergencies. The investigation also found that the facility did not report one resident’s health declines to a physician. That resident later died after experiencing a medical emergency that facility staff did not respond to appropriately.

Has Your Loved One Experienced Mistreatment at a Nursing Home?

If you believe your loved has experienced mistreatment, abuse, or neglect at a nursing home, contact a nursing home attorney today for a free consultation.