Neglect During Resident Van Transport and Failure to Report Incident
Penalty
Summary
The deficiency involves the neglect of a wheelchair‑dependent resident during transport by a facility van. The resident had ataxia, required a wheelchair for mobility, and was care planned to need staff assistance for all ADLs due to an unsteady ataxic gait. On the date of the incident, the transport driver was responsible for taking the resident to a medical appointment using the facility’s transport van. The driver had previously received training on how to safely transport and secure wheelchair‑bound residents in the van. The driver reported that when loading the resident, he believed he did not have the appropriate wheelchair seat belt or safety straps available in the van. Instead of reporting this to administration or refusing to transport without proper equipment, he placed the resident in his wheelchair in the back of the van between two seats and attempted to secure the resident by using a regular van seat belt. He attached the seat belt from a van seat to the side of the wheelchair, wrapped it around the resident, and fastened it to the seat belt buckle, despite knowing this was not the correct method and that it did not properly secure or lock the resident in place. The facility’s vehicle safety checklist completed earlier in the month documented that all doors, seat belts, and wheelchair straps were present and working properly, and subsequent inspection after the incident confirmed that wheelchair seat belts and safety straps were in the van and in good repair. As the driver exited the facility parking lot with the resident in the wheelchair, the van hit a pothole, causing the back door to open, the ramp to deploy, and the resident to roll backwards out of the van onto the gravel driveway. Video surveillance reviewed by the administrator and DON showed the van exiting, hitting the pothole, the back door opening, the ramp coming down, and the resident rolling down the ramp onto the gravel. The driver stopped, assisted the resident back into the van, and placed the resident into a regular van seat. He then drove away from the facility without notifying the administrator, DON, or other facility staff of the incident, despite facility policy requiring immediate reporting of all incidents and accidents during transport. The facility only became aware of the event when a passerby who witnessed the fall came into the building and reported what they had seen. The driver later acknowledged that he knew he should have reported the incident at the time it occurred.
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