Failure to Ensure Use and Documentation of a Palm Brace
Summary
The facility failed to ensure a palm brace was used for a resident with hemiplegia following a cerebral infarction affecting the right dominant side, apraxia, and other speech-language deficits. The resident’s quarterly MDS indicated she used a wheelchair, had impairment on one side of her upper extremity, and did not reject care. Her care plan identified a functional maintenance plan for potential contracture and stated she refused to use the splint that was provided, with interventions including applying a palm brace and a restorative toileting program. However, the care plan did not include directions for staff on what to do when the resident refused the splint or when the splint should be applied. The resident’s orders, MAR, and TAR lacked information that she had a splint. Progress notes from the prior year stated she was discharged from therapy and was to wear a right resting hand splint overnight and during the day as desired by the resident, removing it for meals and hygiene. Later progress notes documented weakness in the right hand, and a PMR consultation noted muscle atrophy and deconditioning secondary to prior stroke, limited ROM to the right upper and lower extremities, no movement of the right upper extremity against gravity, and high risk for functional impairment in developing contractures if not receiving adequate therapy. The resident’s chart reviewed from May 2024 through September 2025 lacked documentation that she refused to use a right-hand splint. During observation and interview, the resident shook her head no when asked if staff did exercises for her right hand, her right hand was curled, her right arm was limp, and she was not wearing a brace. She was also observed in the dining room without a brace. Nursing assistants stated they documented refusals in the computer and that refusals should be documented by both aides and nurses, but they did not know whether the resident wore a brace. One NA stated the resident did not refuse care except occasionally toileting, while another stated the resident had a splint but thought she took it off sometimes and later could not locate it. The DOR/COTA stated the resident had not had OT or PT referrals for her hand, expected the splint to be applied if care planned, and said refusals should be communicated to therapy; the RN and LPNs similarly stated staff should offer the splint, document refusals, and contact therapy or the physician, but the record lacked such documentation.
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