Massachusetts Attorney General Maura Healey announced on June 24, 2021 a $90,000 settlement with Milton HC Operating, LLC, which operates the nursing home called Brush Hill Care Center, to resolve allegations that it committed neglect of a resident, which resulted in death, and failed to comply with regulations requiring nursing staff to have adequate competencies to care for residents in emergency situations.
The AG’s Medicaid Fraud Division began an investigation in 2019 after a referral from the Department of Public Health (DPH). The investigation found that, on October 30, 2017, a resident was found unresponsive and was having difficulty breathing. The AG’s Office alleged that Brush Hill failed to adequately respond to the emergency situation, that there was a delay in designating the situation as an emergency, that Brush Hill staff did not call a Code Blue on the intercom, and there was an undue delay in contacting EMTs after finding the resident unresponsive. The resident died later that day.
The settlement also resolves allegations that Brush Hill failed to comply with long-term care regulations requiring facilities to ensure staff competencies in emergency response because staff were not sufficiently educated about emergency response protocols and Brush Hill did not maintain sufficient policies related to emergency response issues.
The settlement with Milton HC Operating, LLC requires it to pay $90,000, which will be distributed to the Long-Term Care Facility Quality Improvement Fund, a fund administered by DPH to improve the safety and quality of care provided in long-term care facilities. Brush Hill will also be required to implement an internal compliance program and annually certify compliance with long-term care regulations to the AG’s Office for a period of three years.
In announcing the settlement, the Massachusetts AG stated, “Nursing homes are required by law to have protocols in place to ensure adequate treatment of residents and to handle emergency situations appropriately. This settlement holds this facility responsible for failing to comply with those regulations, resulting in the tragic death of a resident. We’ll continue to prioritize cases like this to protect the health and safety of nursing home residents.”
In 2019, the Massachusetts AG reached a series of settlements with seven different nursing homes to resolve allegations of systemic failures at their facilities that endangered nursing home residents after investigations found that these facilities had practices that directly led to the death, injury, or potential injury to residents.
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in Massachusetts or in another U.S. state due to nursing home neglect, nursing home negligence, nursing home abuse, nursing home under-staffing, or the nursing home failing to properly care for a vulnerable adult, you should promptly find a nursing home claim lawyer in Massachusetts or a nursing home claim lawyer in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf or behalf of your loved one, if appropriate.
Visit our website to be connected with medical malpractice attorneys (nursing home claim attorneys) in your U.S. state who may assist you with your nursing home claim, or call us toll-free in the United States at 800-295-3959.
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