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32 | On November 25, 2021, R1 had a second unwitnessed fall. R1 reported being in a lot of pain on November 26, 2021. According to facility notes, R1 was screaming in pain when being transferred or pulled up on wheelchair. The facility staff communicated with R1’s physician on November 26, 2021 via fax and requested another pain medication; but the physician did not respond to the facility until December 2, 2021; six days later. The facility did not follow the aftercare instructions provided to R1 upon their discharge from the hospital on November 24, 2021, and R1 was not sent to the ER after stating they were in a lot of pain, nor was there a person present to keep the resident from falling. A third unwitnessed fall occurred on November 29, 2021 at 5:30 p.m. It was reported R1 complained of pain on right-side fractured rib. R1 was not sent to the hospital.
On March 23, 2022, the Department substantiated the allegation that the “Resident was not provided medical attention in a timely manner” and the licensee was cited for violating the California Code of Regulations Title 22 (22 CCR), § 87465(j) Incidental Medical and Dental Care, which states, “In all facilities licensed for sixteen (16) persons or more, one or more employees shall be designated as having primary responsibility for assuring that each resident receives needed first aid and needed emergency medical services and for assisting residents as needed with self-administration of medications.” The licensee did not ensure R1 received emergency timely medical attention causing R1 to be in extreme pain for extended period of time, posing an immediate safety risk to a resident in care. The licensee was informed that a civil penalty was still being determined and may be assessed based on Health and Safety (HSC) §1569.49.
The Department has concluded an analysis and has determined that a civil penalty per HSC §1569.49(f), in the amount of $10,000 is warranted for a violation that resulted in R1 sustaining serious bodily injuries while under the care of this facility. Welfare and Institutions Code (WIC) §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.”
This is evidenced by the licensee’s failure to ensure proper care and supervision for R1, resulting in R1 sustaining multiple fractures which required hospitalization and causing extreme pain.
Continued...
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