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32 | Based on observation, interview, and record review, the licensee did not seek timely medical treatment and provided basic services to R1. Facility staff failed to call 9-1-1 in a timely manner when the facility staff discovered that R1 had an unwitnessed fall. In addition, R1 did not receive medical attention until the day after the unwitnessed fall. As a result of the fall and neglect, R1 suffered extreme pain and was diagnosed with a hip fracture that required hospitalization which is a serious bodily injury.
At the time of the Case Management visit on December 5, 2019, an immediate civil penalty of $500 was issued and the licensee was informed that an additional civil penalty was still being determined and might be assessed based on Health and Safety Code § 1569.49.
The Department has concluded an analysis and has determined that a civil penalty is warranted for serious bodily injury. 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 function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including, but not limited to, hospitalization, surgery, or physical rehabilitation.”
Today, 12/30/20, the Department is issuing a civil penalty per Health and Safety Code § 1569.49 for a violation that the Department constitutes as a serious bodily injury in the amount of $10,000. However, since an immediate civil penalty of $500 was previously issued on December 5, 2019, the amount of the civil penalty issued today will be $9,500. A copy of the LIC 421D was given to Andrea Armstrong and originals were signed on file.
Exit interview conducted. A copy of the report issued. Appeal Rights provided. Andrea Armstrong signature on this report acknowledges receipt of the Appeal Rights, found on page two of LIC 421D. |