Failure to Notify Physician and Representative of Change in Condition and New Skin Issues
Summary
The facility failed to ensure the physician was immediately notified when a resident developed a change in condition that included difficulty with speech and right-sided weakness. The resident was admitted with diagnoses including repeated falls and multiple malignant neoplasms, and the annual MDS identified moderately impaired cognition, clear speech, and the ability to express ideas and wants. The care plan directed staff to monitor and report changes in cognitive function, including difficulty expressing self, difficulty understanding others, level of consciousness, or mental status. On 10/19/25, nursing documentation identified the resident as alert and confused with stable vital signs, but also noted right upper and lower extremity weakness. Later that day, staff documented that the resident was restless, had difficulty forming complete sentences, and was able to follow commands. The resident’s representative was updated, and staff continued to monitor the resident throughout the shift. The next day, the resident was found to have increased weakness, inability to communicate, right arm and leg weakness, and a right facial droop, at which time the APRN saw the resident, EMS was called, and the resident was transferred to the ED. The medical APRN documented increased confusion, dysphagia, expressive aphasia, dysarthria, facial drooping, and right-sided weakness, and the hospital discharge summary identified an acute pontine infarct. Interviews with nursing staff and supervisors showed that one nurse observed speech changes and difficulty using the resident’s arm, but the concern was not clearly escalated to the medical provider at that time. The facility’s policy required prompt notification of the attending physician and resident representative for significant changes in condition. The facility also failed to ensure that the physician and resident representative were notified of newly identified skin issues for another resident. That resident had diagnoses including anaplastic astrocytoma, epilepsy, and sick sinus syndrome, and had recently returned from hospitalization after an unwitnessed fall with hip fracture and surgery. The resident had severely impaired cognition, was incontinent, and dependent on staff for transfers, and the care plan identified fragile skin with weekly body audits. During observation, two dressings were noted on the resident’s head, one on the scalp above the forehead and one at the left temple. The clinical record did not contain documentation of wounds on the head or face, an assessment of the wounds, or a physician’s order related to the areas. An LPN stated that the resident had multiple lesions and two oozing areas, and that she applied gauze and tape with date, time, and initials, but did not assess the areas, notify the RN supervisor, APRN, or resident representative, or document the wounds in the record. The APRN stated she was aware of prior skin lesions but had not been notified of any newly opened or oozing areas or that dressings had been applied. The DNS stated that newly identified wounds were expected to be assessed, reported to the RN supervisor and APRN or MD, documented, and communicated to the resident’s representative.
Penalty
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