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32 | On 07/19/2023, Emergency Medical Services (EMS) Personnel were dispatched to Cogir of Stock for a resident (R1) with shortness of breath. Upon arrival at the facility EMS personnel observed that R1’s oxygen concentrator was turned off. Two (2) EMS personnel reported that they heard staff (S1) state the machine had been turned off the prior night because it was beeping. S1 was asked about a back-up oxygen tank and nasal cannula was not in place. S1 stated they had called for a new machine and were told one would be delivered the next day. S1 told EMS, “We didn’t know what else to do.”
The Department interviewed and received statements from a total of eleven (11) facility staff and two (2) residents. Interview statement received from S1 indicated that the concentrator was alarming on 07/18/2023, and S1 called Apria Health Care to request a new concentrator. S1 made inconsistent statements about when S1 first noticed R1’s oxygen concentrator was turned off and cannula not in place, before calling 911. When S1 was first interviewed, S1 stated R1’s oxygen was off and nasal cannula was not in place when S1 first checked on R1. During a follow-up interview, S1 stated did not remember noticing R1’s nasal cannula and only recalled being aware of the concentrator being off during the second medication passing, when S1 discovered R1 having shortness of breath and calling 911. S1 denied telling EMS that the machine had been turned off and stated S1 had later assumed that the overnight shift must have turned the machine off. Multiple staff were interviewed, and all denied turning the machine off. Interview statement received from overnight staff (S2) admitted that the machine had been alarming and had quit working sometime early in the night, but that S2 had been able to reset the concentrator to get it working again.
Medical records obtained and witness statements provided that R1 had been previously diagnosed and treated for ST-Elevation Myocardial Infarction in June 2023. It was noted that R1 had a history of chronic respiratory failure. Medical personnel were interviewed and stated it would be difficult to determine if a lack of supplemental oxygen preceded or contributed to R1’s death. R1’s pronouncing physician was interviewed and stated R1’s respiratory failure could have happened for several reasons, regardless of R1 being on or off oxygen. Therefore, there is not sufficient evidence to substantiate the allegation of wrongful death.
Based on the Department’s investigation as stated above, the preponderance of evidence standards has not been met. Therefore, the above allegations are found to be UNSUBSTANTIATED. A finding that a complaint allegation is unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred.
Exit interview conducted and report provided. |