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32 | The Department has concluded an analysis and has determined that a civil penalty is warranted for serious bodily injury. Per Welfare and Institutions Code Section 15610.67, “Serious bodily injury” means 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. This is evidenced by the facility licensee and staff acknowledging they were aware that a resident’s (R1) pressure injuries were worsening and failed to seek timely medical attention for R1’s injuries, which resulted in hospitalization for an unstageable, stage 3, and deep tissue pressure injuries.
Today, July 11, 2024, the Department will be issuing a civil penalty per Health and Safety Code Section 1569.49(f). The Department will be issuing a $10,000 civil penalty for the violation the Department constitutes as serious bodily injury. However, since an immediate civil penalty of $500 was previously issued on May 4, 2023, a civil penalty in the amount of $9,500 will be issued.
A copy of the LIC 421D was given to the facility representative.
Exit interview conducted. Appeal Rights provided. A copy of the report issued. Signature on these reports acknowledges receipt of these rights, found on page 2 of LIC 421D. |