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32 | According to the administrator, S1 was “either in the kitchen or in R1’s bedroom” and responded immediately when called to the bathroom. An interview with S1 was attempted but not successful.
The administrator explained R1 could only be transferred using a back and forth motion and was unable to grasp the toilet’s side handles for support. A review of R1’s physician’s report dated 07/09/2018 revealed R1 was non ambulatory and unable to manage toileting independently but did not indicate whether a two person assist was required. The Resident Appraisal dated 06/30/2018 was reviewed and the section for toileting assistance was left blank. Hospice progress notes, dated 04/13/2021, documented that R1 required maximum assistance, was incontinent, nonverbal, unable to follow commands, and exhibited significant weaknesses. Hospice Care Coordination notes, dated 04/23/2021 and 04/19/2021, documented R1 required “Max Assist for cares such as bathing, dressing, incontinence cares, positioning, transfer, and feeding,” but did not specify whether a two person assist was required. The administrator reported it was a “normal fall” and stated the wheelchair had been placed to R1’s left side by the sink, after the administrator positioned R1 on the commode. The administrator reported taking their hands off R1 for only a few seconds before R1 fell, hitting their head on the shower edge and then falling to the floor.
It was reported that facility staff contacted hospice immediately. Hospice arrived within approximately 10 minutes, completed a visual assessment, and instructed staff to call paramedics. Attempts to locate and interview the hospice worker who responded were unsuccessful. Medical records from the day of the incident indicated R1 sustained two forehead lacerations, which were closed using Dermabond strips. R1 was released the same day and returned to the facility.
The report that R1 had experienced six falls since admission was investigated. However, only one fall—reported in April 2021—could be verified. That incident resulted in no injuries, and no additional documentation was available to corroborate the other alleged falls.
Based on observations, interviews, and a review of records, the allegation of neglect of a resident resulting in serious bodily injury is unsubstantiated. An unsubstantiated finding means the preponderance of evidence standard has not been met.
A copy of this report was reviewed and provided to Gloria Dupio, Caregiver.
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