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32 | It was alleged that R1 had been allegedly “sucker punched” on the right side of the face and was repeatedly hit with the walker by R2. Two out of the two residents, four out of the five staff, and two out of the four individuals that were interviewed confirmed observing R1 with a lip injury caused by the alternation but not to the torso or head. R2 also confirmed punching R1 on the mouth causing an injury to the lip area. However, R2 indicated that they had thrown the punch in return after being struck first but denied using the walker to hurt R1. Based on the staff interviews, four out of the five staff confirmed R1 refusing to seek medical treatment offered by the facility staff and the paramedics which was consistent with the incident report dated November 11, 2024 and Narrative Charting dated November 5, 2024.
Based on the records that were reviewed, R1 is diagnosed with Dementia and may be “verbal and aggressive at times” according to the Physician’s Report dated August 30, 2024. The care level documented on the Resident Assessment dated October 1, 2024, requires no additional status checks as well as R2 per their Resident Assessment dated July 12, 2024. Routine checks of every two hours were required for R1 and R2 per Resident Care Director (RCD) Alysia Noriega. The two staff who were working the evening of November 4th, confirmed conducting status checks at the start of their shifts. The narrative charting notes R1 was hit on the head with a walker twice from both accounts, however there were "no signs of injury, bruising, pain, or bleeding" observed besides the lip and R1's "vitals were good" per the paramedic’s assessment. R1’s representative also did not corroborate with R1's statement of being repeatedly hit with a walker, as they had indicated that it would be fatal due to their medical condition. It was also revealed R1 having a history of embellishing stories.
Based on the investigation, it is determined that although R1 has sustained an injury to the lip area, there were no evidence to prove that R1 had sustained additional injuries to the torso or head. Facility conducted routine checks and responded timely reporting the medical emergency to law enforcement and first responders. However, resident denied receiving medical treatment which is their personal right. The evidence obtained did not corroborate due to a lack of care and/or supervision.
Therefore, based on the interviews which were conducted and the records that were reviewed, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the following allegation: Resident sustained injuries while in care is deemed UNSUBSTANTIATED. An exit interview was conducted with Memory Care Program Director Edwin Guzman, and a copy of this report and the LIC811 were provided at exit. |