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32 | According to S1, they stopped the car, looked back, and saw that R2 was seated in the backseat with both feet still hanging out of the car. S1 stated that R1 got out of the car and back in by themselves, “limped a little bit” but began walking regularly after the first initial limps. R2 reported, S1 asked that they not tell anyone what had happened. Upon arriving back at the facility, S1 did not provide medical attention nor seek medical attention or report the incident to the Facility Administrator. Staff (S2) observed R1 limping and reported that they only took one sock down of one foot to observe if there was anything wrong, then performed first aid on one small cut. S2 did not document the incident.
The extent of the injuries was not observed until the following day while the client was at their Day Program. Staff at the Day Program and the family observed that the resident’s foot, toes, and ankle were noticeably swollen. The resident was transported from Day Program to the Emergency Room. According to medical records obtained from local acute hospital, R1 sustained a crush injury of the left foot including a closed fracture of first metatarsal bone of the left foot, closed fracture of second metatarsal bone of the left foot, closed fracture of third metatarsal bone of the left foot, closed fracture of fourth metatarsal bone of the left foot, closed fracture of fifth metatarsal bone of the left foot
At the time of the complaint visit, the issuance of a Civil Penalty was still being determined and the licensee was informed that a civil penalty might be assessed based on Health and Safety Code § 1548(f)(1)(A) which states “serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.” {Cont. on 9099C}
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