(914) 220-1086Wingate at Beacon: 19 Reported Covid-19 Deaths
Wingate at Beacon suffered 19 deaths from Covid-19 as of May 24, 2020, per state records. The nursing home also received 25 citations for violations of public health code between 2016 and 2020, according to New York State Department of Health records accessed on May 26, 2020. The facility has additionally received three enforcement actions: a 2016 fine of $2,000 in connection to findings in a 2010 inspection that it violated health code provisions regarding hydration; a 2016 fine of $10,000 in connection to findings in a 2012 inspection that it violated health code provisions regarding feeding via gastrostomy tubes and administrative matters; and a 2012 fine of $24,000 in connection to findings in a 2012 inspection that it violated health code provisions regarding accidents and supervision, food, services that meet professional standards, and administrative matters. The Beacon nursing home’s citations resulted from a total of three surveys by state inspectors. The deficiencies they describe include the following:
1. The nursing home did not have enough nursing staff. Section 483.35 of the Federal Code requires nursing homes to have “sufficient nursing staff with the appropriate competencies and skills sets to provide nursing and related services to assure resident safety and attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.” A September 2018 citation found that Wingate at Beacon did not ensure the availability of such. The citation states specifically that “multiple residents” stated in confidential interviews, as well as during a group meeting, that there were not enough Certified Nursing Aides “to respond to call bells and provide assistance during activities of daily living.” As a result, residents said, it sometimes took an hour to get a response after pressing a call bell; in some cases “showers were not done,” and in another, a resident required help getting off a toilet and waited more than 20 minutes. The citation goes on to state that nursing staff members reported a lack of adequate staffing in all units, and that an analysis of the facility’s staffing scheduled demonstrated that “on multiple occasions” it did not meet the required number of CNAs in all its units. A plan of care implemented by the facility included the identification of minimum staffing members.
2. The nursing home did not prevent the administration of unnecessary drugs. Section 483.45 of the Federal Code states that nursing homes must ensure resident drug regimens remain “free from unnecessary drugs.” A March 2017 citation found that Wingate at Beacon did not ensure such for one resident. The citation states specifically that the facility failed to address a resident’s use of a redacted medication “in the possible presence of side effects.” The side effect in question was somnolences, or sleepiness, which the citation states “was not addressed” in a psychiatric consultation report. In an interview, the psychiatrist stated that “he did not address sleepiness because he did not think that the resident’s medications were causing her sleepiness.” A plan of correction undertaken by the facility included the discontinuation of the medication.
3. The nursing home did not ensure compliance with food safety standards. Section 483.60 of the Federal Code requires nursing homes to store food “in accordance with professional standards for food service safety.” A September 2018 citation found that Wingate at Beacon did not ensure foods brought into the facility from outside sources were stored in such a manner in two facility units. The citation states specifically that “multiple containers of food brought in for residents by family members were observed to be out dated.” The citation goes on to state that the facility’s policies contained no language indicating how long such food could be kept in its refrigerators. A plan of correction undertaken by the facility included the discarding of the food items in question and the revision of facility policy regarding food brought from outside sources.
Wingate at Dutchess Nursing Home Fined $24,000 for Deficient Ratings by Health Department After Choking Incident
As a result of the latest enforcement survey issued by the Department of Health, Wingate at Beacon, a Dutchess county nursing home, was fined $24,000. During a January, 2011 certification survey at Wingate, the DOH found four deficiencies serious enough to warrant a severity level of Immediate Jeopardy. This is the most severe rating that the DOH dispenses in its certification surveys. The four deficiencies each centered around the death of a resident after choking on her food.
As mentioned, the Department of Health cited Wingate for four health deficiencies. These areas were:
- maintaining a facility free of accident hazards;
- administering the facility to obtain the highest practicable well-being of residents;
- preparing food to meet individual needs; and
- providing services that meet professional standards.
The resident involved in this unfortunate occurrence was forty-six years old. She suffered from Multiple Sclerosis, Seizure Disorder, and difficulty swallowing. These conditions made her a choking risk. In fact, the resident did choke in December of 2009, requiring the administering of the Heimlich Maneuver. Per physician’s orders, the resident was to be assisted with eating by the facility staff. She was also to be fed a special diet of soft foods with strict monitoring to prevent aspiration (choking by way of inhaling food into one’s lungs). Despite these known risks, and in contravention of the care plan and physician’s orders, the patient was left to feed herself during breakfast one morning. Not only was she left alone, but she was also given a hard boiled egg rather than the “ground diet with extra gravy” per the facility’s stated interventions. As a result of this lapse in judgment by Wingate, the resident aspirated the hard boiled egg, resulting in her death.
Of course, the death of a resident is the most serious and tragic outcome that can arise from facility negligence. Also disturbing in this case is that Wingate was home to more than ninety additional residents suffering from swallowing difficulties. Obviously the potential for serious harm existed for these individuals as well. Again, as is so often the case in situations like this, the tragic events surrounding this resident underscore the importance of a facility diligently following an individualized care plan and physician’s orders. Failure to do so not only leaves the facility open to liability, but also can potentially lead to the unthinkable–the untimely and unnecessary death of one of the residents in its care.
Former Wingate at Fishkill Nursing Home Employee Admits He Withheld Medication from Blind Alzheimer’s Patient
David Kaproth, 47, of Poughkeepsie, New York, admitted before a judge in April 2014 that he knowingly withheld medication from a 73-year-old blind patient suffering from Alzheimer’s while employed as a licensed practical nurse at he Wingate Dutchess nursing facility in Fishkill, New York. Appearing before Fishkill Town Court Justice Robert Rahemba, Klaproth, who was fired from his position at the nursing home, pled guilty to one count of Wilful Violation of the Health Laws, a misdemeanor. As part of his plea deal, Klaproth agreed to surrender his nursing license, perform 100 hours of community service, as well as pay a $1,000 fine.
According to the initial criminal complaint, Klaproth was accused of not administering medications to two patients. The charges included two counts of Endangering the Welfare of an Incompetent or Physically Disabled Person, a class E felony, two counts of Falsifying Business Records, a class E felony, and Wilful Violation of Health Laws, a misdemeanor. The felony charges, which were dropped under the plea agreement, were punishable by up to four years in prison.
According to the Attorney General’s office, Klaproth, who was employed at the nursing home since 2007, was a licensed practical nurse responsible for administering medications to patients. On February 12, 2013, Klaproth was taking care of a blind, 73-year-old Alzheimer’s resident who also had a gastronomy tube. Such tubes, also referred to as gastric feeding tubes, bypass he mouth and throat and are used to administer nutrients and medications to dementia patients who have difficulty swallowing. Klaproth failed to administer hypertension medication, a protein supplement and a multivitamin through the patient’s tube even though they were ordered by the patient’s doctor. Klaproth then indicated in the resident’s medical chart that he did administer the required medications.
Commenting on Klaproth’s guilty plea, New York State Attorney General Eric T. Schneiderman stated that his office is committed to preventing nursing home abuse and neglect. He stated, “Those who neglect the health and welfare of our most vulnerable citizens will be held accountable. Patients and their families have the right to expect that they and their loved ones will receive the best possible care while at a nursing facility in New York. My office will continue to prosecute those who neglect their patients.”
Wingate’s CEO Scott Schuster stated that the nursing home is dedicated to providing the best possible care to its residents. Commenting on Klaproth’s admitted negligence, Schuster stated, “The employee was immediately terminated over a year ago when our internal procedures discovered the misconduct and we conducted a thorough internal investigation. No resident, including the one in question, was harmed by this employee’s actions and we are confident all our residents are receiving the absolute best care.”
The attorneys at the Law Offices of Thomas L. Gallivan, PLLC work diligently to protect the rights of nursing home residents. Please contact us to discuss in the event you have a potential case involving neglect or abuse.
