California Nursing Home Resident Dies in Fall: Facility Cited in Resident Death
Aviara Healthcare Center was assessed a "AA" citation, the most severe citation available under California law, and fined $100,000 for its role in a recent resident death.
In late April 2009, the resident was admitted to the facility for rehabilitation for a fractured hip and was doing well. On May 9, 2009, the resident fell while trying to get out of bed early one morning. He was uninjured, but to ensure his safety, nursing staff decided to attach a tab alarm to his clothes to alert staff if he attempted to get out of bad. The very next morning, on May 10, 2009, the resident got out of bed around 3:00 a.m. and walked into the hallway. No staff responded to an alarm and it is unclear if the alarm ever sounded. As the resident began to enter the hallway outside of his room, he stumbled. The hallway did not have a handrail, so the resident grabbed a Hoyer lift that had been improperly stored in the hallway outside of the resident's room. A Hoyer lift is a large, heavy mobile mechanical lift used to lift residents out of bed. The resident fell to the floor, pulling the lift down on top of him and striking his head on the metal frame of the lift.
The impact of the fall was so severe that the resident suffered a severe bleed in the brain and the entire brain was pushed 1/3 of an inch past the center point of his brain to the right side. He died three days later due to blunt force trauma to his head.
The California Department of Public Health investigated the incident and found that seven different staff members knew that the lift was supposed to be stored in the shower rooms when not in use. Even after the resident's tragic death, state investigators found the lift in the same position outside the deceased resident's room on May 13, 2009 and May 17, 2009.
The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.
