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32 | Staff who provided care to R1 claimed that on the morning of June 26, 2019, R1 was found on the floor. Staff indicated that R1 appeared unkempt, and staff were able to get R1 up from the floor and then showered R1. Staff said that the Administrator took R1 to the hospital thereafter. Information obtained from staff interviews did not reveal that staff informed the Administrator that R1 had suffered a fall. An interview was conducted with the Administrator on July 5, 2019, in which they initially stated that they were contacted by staff when they claimed that ‘something was wrong’ with R1. Whereas there were inconsistent statements of the facility staff regarding the time and/or date of fall, staff confirmed that R1 suffered a fall prior to R1 being sent to the hospital. The Administrator initially denied knowledge of R1 suffering a fall; yet, they conceded to the possibility that R1 had fallen, and that staff whom observed it did not reveal this to them. The Administrator confirmed that upon seeing R1 on June 26, 2019, R1 was unable to get up, and per the Administrator, R1 was cold and they were ‘shaking.’ According to Mayo Clinic, this behavior change is a symptom of a head injury.
The Department has concluded an analysis and has determined that a civil penalty is warranted for a violation that resulted in R1 sustaining serious bodily injury while under the care of this facility. The Welfare and Institutions Code § 15610.67 defines serious bodily injury as “an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of a function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including but not limited to, hospitalization, surgery, or physical rehabilitation.” This is evidenced by the licensee’s failure to properly evaluate R1 and develop a sufficient understanding of R1’s needs to ensure R1 received proper care and supervision. Interviews conducted with facility staff and R1 revealed information consistent with R1 suffering a fall while in care at the facility, resulting in serious bodily injuries – skull fracture and intracranial hemorrhaging.
Today, April 4, 2023, the Department is issuing a civil penalty per Health and Safety Code §1569.49(f) in the amount of $10,000 for a violation that the Department constitutes as serious bodily injury. However, since an immediate civil penalty of $500 was previously issued on January 29, 2020, the amount of the civil penalty issued is reduced to $9,500. A copy of the LIC 421D was given to the Rohangiz Yadidi and originals were signed.
Exit interview conducted. A copy of the report issued. Appeal Rights provided. Rohangiz Yadidi signature on this report acknowledges receipt of the Appeal Rights, found on page two of LIC 421D. |