California Nursing Home Cited and Fined in Resident's Death
Lemon Grove Care & Rehabilitation Center was cited and slapped with an $80,000 state fine for failing to properly supervise a resident while smoking. The resident caught fire and later died. The citation, a "AA" citation, is the most severe citation that can be assessed under California state law.
No staff members were monitoring the three residents on March 31, 2008, while they sat and smoked in a gazebo, which was the facility's designed smoking area. The seventy-four year old resident involved sat on an electric scooter and was trying to pull a nylon jacket over her head to block the wind while she lit her cigarette. The jacket caught fire and subsequently caught her on fire, burning her head, chest, and arms. She died from her injuries ten days later at a hospital.
The deceased resident, who suffered from memory loss, had lived at the facility since July 2007. She was a daily smoker who needed reminders to smoke only in the designated areas. The investigative report said, "She was confused, had decreased safety awareness and was non-compliant with the facility's smoking policy and yet the facility did not provide preventative measures such as routine or random monitoring by staff to ensure the resident's safety." The woman's relatives told state investigators that nursing home officials ignored concerns about the lack of supervision.
After the accident, the facility changed its policy and currently requires a facility staff member to be present at the gazebo while residents are smoking.
