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32 | On August 3, 2017, R1 was eating a meal, which consisted of steak in the dining room served by Staff #5 (S5), when staff witnessed R1 in distress. R1 subsequently choked on a piece of steak and passed away at the facility. Staff #2 (S2), Staff #3 (S3) and Staff #4 (S4), all of whom are Licensed Vocational Nurses (LVN), witnessed the incident with R1, however failed to call 9-1-1 or continue Cardio Pulmonary Resuscitation (CPR) per facility protocol but instead took R1 to R1’s room where R1 continued to choke and subsequently died. Both S2 and S3 stated that R1 was brought to R1 room to keep the other residents from being scared. Both S2 and S3 also stated that the Heimlich maneuver (abdominal thrusts – first aid procedure) was discontinued once R1 was transported R1 room because R1 was on Do Not Resuscitate (DNR) status, however the DNR order was for a heart condition and renal failure not choking. According to the report the Brea Police Department dated August 3, 2017, staff did not call 9-1-1 emergency personnel because R1 was on hospice (unrelated to choking) and had a Do-Not-Resuscitate (DNR) order.
During an interview S1 stated that 9-1-1 was not called due to the R1 being on hospice and having a current DNR order, however facility staff contacted the Hospice agency instead after R1 had passed away. The nurse (S6) from the hospice care agency, arrived at the facility two hours later, but then S6 contacted Brea Law Enforcement because the hospice care agency could not announce the time of death. S6 stated they could not put a time of death due to the resident dying of choking instead of heart and renal disease which was the hospice condition. According hospice records, the hospice care agency was not notified that R1 was at risk for choking.
An autopsy was conducted on August 4, 2017, and the manner of death was determined to be caused by choking. R1’s death certificate indicates that R1 ''choked on Food Bolus."
Based on observation, interview, and record review, the licensee failed to meet R1’s dietary needs that caused R1 to choke on R1’s food that resulted in R1’s death. The licensee also failed to safeguard R1’s dentures, failed to give CPR to R1, and failed to call 9-1-1 during and after R1 choked on R1’s food.
At the time of the visit conducted on January 17, 2018, a civil penalty was still being determined based on Health and Safety Code § 1569.49.
The Department has concluded an analysis and has determined that an additional civil penalty is warranted for violation determined to have resulted in the death of a resident.
Continued on LIC809C Dated April 15, 2021... |