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32 | On October 16, 2020, while R1 was sitting on the recliner, a care staff observed a skin abrasion to his right top hand and purple discoloration to R1’s right eye with an abrasion. A med-tech provided first aid; however, R1 was not sent to the hospital on this day. On October 17, 2020 at approximately 2:30 PM, a Med-Tech reported R1 complained of pain and could not stand. Additionally, R1 yelled out in pain while being assisted to a sitting position. On October 17, 2020. R1 was sent out to the hospital. Hospital notes indicate R1 sustained the following injuries left femoral neck fracture-hip fracture and elbow injury. In addition, R1 required a hip hemiarthroplasty, which was conducted on October 18, 2020. According to Mayo Clinic, signs and symptoms of a hip fracture include inability to get up from a fall or to walk; severe pain in your hip or groin; and Inability to put weight on your leg on the side of your injured hip. Additionally, according to Mayo Clinic, most hip fractures occur in one of two locations on the long bone that extends from your pelvis to your knee (femur): The femoral neck: this area is situated in the upper portion of your femur, just below the ball part (femoral head) of the ball-and-socket joint. The intertrochanteric region: this region is a little farther down from the hip joint, in the portion of your upper femur that juts outward.
Based on documents and interviews, the investigation revealed Pacifica Senior Living Modesto facility did not seek medical attention in a timely manner. Pacifica Senior Living Modesto’s Clinical 11 fall response procedures policy states, "If the resident had trauma resulting in deformity, exhibits any change in level of consciousness, or received obvious head or significant trauma, the Resident Care Director or Personal Care Assistants will summon emergency medical services (Call 911)." The facility did not adhere to its policies and procedures.
At the time of the complaint visit on April 14, 2021, 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 § 1569.49.
The Department has concluded an analysis and has determined that a civil penalty is warranted for a 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, October 12, 2021, the Department is issuing a civil penalty per Health and Safety Code § 1569.49 for a violation that the Department constitutes as a serious bodily injury in the amount of $10,000.
A copy of the LIC 421D was given to Rashmika Sharma and originals were signed on file.
An exit interview was conducted. A copy of the report was issued. Appeal Rights provided. Rashmika Sharma signature on this report acknowledges receipt of the Appeal Rights, found on page two of LIC 421D.
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