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32 | The investigation revealed the following: regarding allegations: Staff did not prevent the resident from attacking another resident resulting in injuries and Staff did not prevent residents from disturbing other residents. It is alleged R2 is wandering and randomly going into residents’ rooms and on 10/30/23 R2 went into R1’s room, punched R1 in the face, stomach, leg and pulled R1 off the bed, and R1’s roommate was attacked as well. On 10/30/23 facility staff called 911 and requested services due to an assault at the facility. Upon arrival of police officer and paramedics. Police officer observed R1 was being treated by fire department paramedics with blood dripping from the left side of the head. R1 stated at that time to have been pulled of the bed and pushed by a resident causing R1 to fall and getting hurt. Staff assisting R1 stated that R2 had also attacked Resident #4(R4), R1’s roommate. R1 was taken to the hospital and was treated for a head contusion and laceration on the left side of the head. Interviews conducted revealed that 5 out of 5 staff interviewed by IB investigator stated to be aware of R2’s aggressive and wandering behaviors. A staff stated R2 had shown aggressive behavior towards two staff providing care, one of those two staff was injured. Staff also stated that R2 had punched R3 in the past. However, no changes to R2’s care were provided. R2’s nurse practitioner stated also to be aware of the incidents and R2’s behavior. Document review revealed, on 10/27/23, R2’s needs and service plan was updated noting R2 needs 2-3 caregivers to assist with R2’s care and nurse practitioner noted an adjustment for medication due to behaviors. Based on investigation conducted R1 was seriously injured at the facility by R2. The facility was aware of R2’s behaviors and no additional supervision was provided during shifts or shift changes to prevent R2 from entering other resident’s rooms and/or prevent aggressive behavior towards other residents.
Based on interviews and review of documentation regarding the allegation, the preponderance of evidence standard has been met, therefore, the allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 6 and Chapter 8), are being cited on the attached LIC 9099D.
***An immediate Civil Penalty of $500.00 is being issued today, due to Resident #1 sustaining a laceration to the head due to lack of supervision of Resident #2 while in care. Refer to LIC 421IM***
The issuance of a civil penalty is being considered based on Health & Safety Code 1569.49 (f); if the department determines the injury of the resident is due to neglect.
Exit interview was conducted with Michele Johnson and a copy of this report, LIC 9099D, and appeal rights were provided. |