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The Waters of Winchester Abuse and Neglect Attorneys
When families elect to place a loved one in a nursing home to ensure their quality of life is maximized, they all expect the professional staff will provide the best level of care in a compassionate, respected, safe environment. When the nursing team fails to follow established protocols when providing care, the victim is often harmed or dies unexpectedly from mistreatment. Other times, the patient is a victim of sexual or physical assault by other residents caused by a lack of supervision by the nursing staff.
Was your loved one hurt while residing in a Franklin County nursing home? If so, the Tennessee Nursing Home Law Center Attorneys can provide immediate legal intervention. Our knowledgeable team can discuss all your legal options on how to handle your case to ensure a successful resolution. We have represented many victims in the state to ensure our clients receive financial recompense to recover their losses. We can begin working on your claim for compensation today.The Waters of Winchester
This Medicare/Medicaid-approved long-term care (LTC) center is a "for profit" 132-certified bed home providing cares to residents of Winchester and Franklin County, Tennessee. The facility is located at:
1360 Bypass Road
Winchester, Tennessee, 37398
In addition to providing skilled nursing care, The Waters of Winchester also offers:
- Comprehensive rehabilitation care
- IV (intravenous) treatments
- Alzheimer’s/memory care
- Nutritional management
- Physical, occupational and speech therapies
- Pharmaceutical services
- Respite care
- Hospice care
- On-site Physician services
The state of Tennessee and the federal government have the legal obligation to monitor every nursing facility and impose monetary fines or deny payments through Medicare if the center has violated established nursing home regulations and rules. In serious cases, the nursing facility will receive multiple penalties if investigators find the violations are severe and harmed or could have harmed a resident.
The state and federal nursing home regulatory agencies imposed three monetary penalties against The Waters of Winchester within the last three years including a $650 fine on April 19, 2016, a $25,175 fine on July 27, 2016, and a $3417 fine on June 21, 2017.
Also, over the last three years, the nursing home received one formally filed complaint and self-reported to serious issues that resulted in citations. Additional information concerning penalties and fines can be located on the Tennessee Department of Health Nursing Home Reporting Website about this nursing home.Winchester Tennessee Nursing Home Patients Safety Concerns
The state of Tennessee routinely updates their long-term care home database system to reflect all opened investigations, safety concerns, incident inquiries, health violations, dangerous hazards, and filed complaints. This information can be found on numerous sites including the TN Department of Public Health website and Medicare.gov.
According to Medicare, this facility maintains an overall rating of one out of five stars, including two out of five stars concerning health inspections, one out of five stars for staffing issues and three out of five stars for quality measures. The Franklin County neglect attorneys at Nursing Home Law Center have found serious deficiencies and safety concerns at The Waters of Winchester that include:
- Failure to Provide Every Resident an Environment Free of Accident Hazards and Provide Adequate Supervision to Prevent Avoidable Accidents
- Failure to Properly Hold, Secure and Manage Every Resident’s Personal Money Which Is Deposited with the Nursing Home
- Failure to Provide and Implement an Infection Protection and Control Program
- Failure to Set up Ongoing an Quality Assessment and Assurance Group to Review Quality Deficiencies
In a summary statement of deficiencies dated September 6, 2018, the state investigators documented that the facility failed to “ensure a new falls intervention was implemented after a fall for [one of three residents] reviewed for accidents of thirty sampled residents.” The investigators reviewed the facility policy titled: Incident/Accident/Falls that reads in part:
“The facility will ensure that the incident and accident that occur involving residents are identified, reported, investigated and resolved.”
“All falls will have a site investigation by appropriate staff. Each fall needs a new intervention rolled out.”
The survey team reviewed the resident’s Medical Records and Significant Change MDS (Minimum Data Set) along with the resident’s Brief Interview for Mental Status indicating that the resident “was cognitively intact.” The documentation shows that the “resident requires extensive assistance for bed mobility, dressing, transfers, and toileting.”
A review of the Facility Documentation dated February 9, 2018, revealed that the patient “hit the emergency light in the bathroom, had ambulated without calling for assistance.” The patient was “on her knees on the floor.” The nursing staff says that the resident was “negative for any new injuries.”
The investigators reviewed the resident’s Care Plan dated February 2, 2018, concerning the “fall in the room. No injuries.” However, there was “no new intervention implemented after the fall on February 2, 2018.” The survey team interviewed the Assistant Director of Nursing on September 6, 2018, who “confirmed the facility failed to follow their policy and failed to implement a new intervention to prevent further falls for [that resident].”
In a summary statement of deficiencies dated June 21, 2017, a surveyor documented that the nursing home had “failed to make trust funds available on the weekend for [one of fifteen residents] interviewed.” The investigators reviewed the facility policy titled: Resident Trust dated October 20, 2015, that reads in part:
“Procedure: Banking times will be posted, and access to the resident’s funds would be available on Saturday and Sunday during banking hours. Those residents wishing to withdraw or deposit money may do so at these times.”
The investigators interviewed a resident at the nursing home who revealed that “he does not have any personal funds account with the facility [stating] he is not able to withdraw funds from his account on the weekend.” The resident said that “you can only get money when the business office is open, and she works Monday through Friday.”
The surveyors noted that a sign was posted outside the door of the business office With the Following Information:
“Resident Trust Banking Hours – Monday through Friday from 9:00 AM to 5:00 PM.”
The survey team interviewed the Business Office Manager who verified that “the residents had no access to funds on weekends. We have nothing in writing or posted in regards to the time to access funds from personal accounts.” The Business Office Manager also said that “she was aware that residents should have access to funds on the weekends, but she just had not implemented a program.”
In a summary statement of deficiencies dated June 21, 2017, a state surveyor documented the nursing home's failure to “follow infection control procedure per policy in the decontamination of a blood glucose monitor device between the use of two residents” on the D unit of the facility. The investigators reviewed the facility policy titled: Blood Glucose Monitor Decontamination with an effective date of May 5, 2016, that reads in part:
“A wipe that is an EPA (Environmental Protection Agency)-registered as tuberculocidal; effective against HIV (Human Immunosuppressive Virus), HBV (hepatitis B virus) and broad-spectrum bacteria will be utilized to clean the monitor.”
“It is 0.525% sodium hypochlorite which is equivalent to 1:10 bleach dilution solution, and meets recommendation for the use on equipment from Clostridium difficile rooms (such as Clorox germicidal wipes). If a product wipe is not available, a 1:10 bleach solution may be substituted.”
“The blood glucose monitor will be cleaned and disinfected with wipes following use on each resident (when monitors are shared by multiple residents) or at times designated on the Individual Blood Glucose Monitor Decontamination Policy.”
The investigators observed a medical administration on the late morning hours of June 20, 2017, for a resident receiving care. At that time, a Licensed Practical Nurse (LPN) removed “the glucose monitor device out of her uniform pocket and placed the glucose monitor on top of the resident’s table.”
The LPN then “use a disposable lancet device to obtain a blood sample [that was] placed on the test strip which was inserted into the end of the glucose monitor. The nurse disposed of the lancet device and strip into the sharps container.”
At that time, the LPN “returned to the medication cart and placed the dirty glucose monitor on top of the medication cart. No barrier was used to protect the top of the medication cart from the contaminated glucose monitor.” The LPN then “opened an alcohol wipe and wiped off the meter and placed it back on top of the medication cart.”
A few minutes later, the LPN “picked up the same glucose monitor used on [one resident] and went into the room of [another resident].” The LPN then “placed the glucose monitor on the resident’s bedside table without a barrier, “obtained a blood sample from [the resident] using a disposable lancet device” and continue to test the resident’s blood.
The investigators say that “no barrier was used to protect supplies in the medication cart drawer from contamination from the glucose monitor that was not cleaned properly.” The survey team interviewed the LPN who said, I use alcohol wipes between residents to clean the glucose monitor and at the end of my shift I would clean with the bleach wipe.”
The LPN “confirmed the glucose monitor was cleaned with alcohol and no barrier was used in the resident rooms or on top of the medication cart or in the drawer of the medication cart to prevent cross-contamination by the glucose monitor.”
In a summary statement of deficiencies dated February 14, 2017, the state investigator noted that the facility had “failed to hold a formalized meeting quarterly.” The investigators reviewed the facility policy titled: Quality Assurance and Performance Improvement (QAPI) Committee Attendance that reads in part:
“The QAPI Committee shall look for opportunities for improvement on a continuous basis, and promote an environment of continuous quality improvement environment [and] analyze data monthly to identify opportunities for improvement. The committee will make recommendations and hold a formalized meeting at a minimum of quarterly.”
The investigative team reviewed the facility’s QAPI Committee Attendance Records that revealed, “a quarterly QAPI meeting was conducted on December 9, 2016, and the next QAPI meeting was not conducted until April 28, 2017.” The team interviewed the facility Administrator who confirmed that “the facility had a QA meeting” at the times listed above and confirmed that “the facility did not hold a formalized meeting quarterly between” that time.
Do you have suspicions that your loved one as a resident in The Waters of Winchester was abused, neglected or mistreated? If so, take steps now by contacting the Tennessee nursing home abuse and neglect lawyers at Nursing Home Law Center at (800) 926-7565. Our law firm fights aggressively on behalf of Franklin County victims of mistreatment living in long-term facilities including nursing homes in Winchester.
Our knowledgeable attorneys can offer legal assistance on your behalf to ensure your case for financial compensation is successfully resolved against every party that caused your loved one harm. Contact us now to schedule a free case review to discuss how to obtain justice and resolve a financial compensation claim. We can start working on your case for compensation now to ensure your rights are protected before the Tennessee statute of limitations expires.
The attorneys accept all personal injury claims, nursing home abuse suits, medical malpractice cases, and wrongful death lawsuits through a contingency fee arrangement. This agreement postpones your payment for our legal services until after we have successfully resolved your case through a jury trial award or a negotiated settlement. Let us begin working on your case today to ensure your family is adequately compensated for the damages that caused your harm. All information you share with our law offices will remain confidential.Sources: