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32 | The investigation revealed the following: From interviews it was found that facility clients were on an outing to another facility and preparing to return home around 7:20pm. As staff 1 (S1) was escorting client 1 (C1) down the driveway, client 2 (C2), who was standing at the top of the stairs in front of facility doorway, began to have a behavior. S1 let go of C1 to assist C2, asking C1 to stay in place. As S1 assisted C2, C1 continued to walk down driveway and into the street, where they were stuck by a car. 911 was called and C1 was taken to the hospital. Per review of records and interviews it was determined (S1) was the only staff member escorting the four clients from the facility to the vehicle, which was parked across the street. The facilities ratio is three staff to four clients. Review of the staff schedule shows only two staff were scheduled to work at facility on day of incident, and by the time the incident occurred, only one facility staff was on shift to work with clients. In addition, per interviews, facility transportation should have been parked in driveway or at curb in front of facility as per staff training. Review of medical records shows that C1’s discharge diagnosis was a proximal fibular facture and mildly displaced anterior right fifth rib fracture.
Based on observations, interviews and record review(s), the preponderance of evidence standard has been met. Records and interviews indicate there was a lack of care/supervision that led to neglect of client and hospitalization for two fractures. California Code of Regulations, Title 22, Division 6 and Chapter 8 are being cited on the attached LIC 809D.
An Immediate Civil Penalty will be issued today in the amount of $500.00 due to resident sustaining injury/illness while under the facility care.
At this time, an enhanced civil penalty determination is pending in reference to Health & Safety Code 1569.49(e)(1)(A) “Serious Bodily Injury” as defined in Section 243 of the Penal Code that states, a serious physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.”
An exit interview was conducted and copy of the Report and Appeal Rights were provided to Clinese Davis.
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