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32 | The facility submitted an incident report to the Department on September 19, 2019. Incident report indicated R1 was observed wandering the halls by the night staff between 5:00 a.m. and 5:30 a.m. The Incident report stated the R1’s family knew R1 needed a walker, however the resident refused to use it. R1’s family has been notified during the past year that R1 was a fall risk. The incident report goes on to state that during the day the staff strictly observe R1’s every movement all around the house.
According to care notes from the facility dated September 09, 2019 to September 16, 2019, R1 wanders the facility aimlessly. Interviews with staff stated R1 bumps into walls, counters and other objects as R1 has an unstable gait and is supposed to use a walker to assist in ambulation.
Based on interviews and documentation, the licensee failed to seek timely medical attention for R1 when the facility observed R1 wincing in pain after an unwitnessed fall which resulted in a left hip fracture. R1 fell at around 5:00 a.m. and did not receive medical attention until after 3:00 p.m.
The Department has concluded an analysis and has determined that a civil penalty is warranted for serious bodily injury. Per 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 a 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, January 4, 2021 the Department will be issuing a civil penalty per Health and Safety Code § 1569.49 for a violation that the Department constitutes as serious bodily injury in the amount of $10,000. A copy of the LIC 421D was given to (facility representative) and originals were signed.
Exit interview conducted. LPA provided facility with a copy of the report via email with read receipt to acknowledges facility receiving the documents. LPA requested administrator to review, print and sign one copy of the report and return it by COB 1/5/2020. LPA requested administrator to keep one copy of report for facility file. Appeal Rights provided, which are found on page 2 of LIC 421D. |