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32 | Based on interviews with facility staff, witnesses, medical social worker, pharmacy and a review of the facility and medical records, the Department confirmed the facility did not ensure C1 did not use the prescribed medication as ordered by C1’s physician resulting in diabetic ketoacidosis that required hospitalization which is a serious bodily injury.
The complaint was delivered on June 29, 2018. The report was amended on July 25, 2018 and an immediate civil penalty of $500 was issued. On this day the licensee was informed that additional civil penalties are still being determined and might be assessed based on Health and Safety Code § 1548.
The Department has concluded an analysis and has determined that an additional civil penalty is warranted for serious bodily injury. The 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 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, August 30, 2021 the Department will be issuing a civil penalty per Health and Safety Code § 1548, for a violation that the Department constitutes as a serious bodily injury in the amount of $10,000. However, since a civil penalty of $500 was previously issued on July 25, 2018, the amount of the civil penalty issued today will be $9,500.
Exit interview conducted. A copy of the report issued. Appeal Rights provided. (facility representative) signature on this report acknowledges receipt of the Appeal Rights, found on page two of LIC 421D” |