Resident Severely Burned After Obtaining Lighter in Non‑Smoking Facility
Summary
The deficiency involves the facility’s failure to ensure an accident‑hazard‑free environment and adequate supervision for a moderately cognitively impaired resident who obtained a cigarette lighter and ignited herself and her bedding. The facility had a tobacco‑free campus policy and Resident #1’s admission agreement, MDS assessments, and a smoking safety evaluation all indicated that she did not smoke. Resident #1 had a history of epilepsy, chronic kidney disease, left‑sided hemiplegia/hemiparesis after stroke, major depressive disorder, anxiety disorder, and a left above‑knee amputation. She was care planned as needing one to two staff for turning, repositioning, toileting, and most ADLs, and was documented as moderately cognitively impaired with short‑term memory loss. PACE staff, including the social worker and NP, confirmed moderate cognitive impairment and a past history of heavy smoking at home, but reported that since admission to the facility she had not voiced a desire to smoke. On the day of the incident, nursing assistants provided peri care to Resident #1 around mid‑afternoon, rolling her side to side and noting that she held onto staff during care. Both NAs reported that Resident #1 required assistance for bed mobility and did not see a lighter in her possession, and neither recalled her expressing a desire to smoke. One NA later reported that she owned a lighter similar to the one found with Resident #1 and that her scrub top worn that day had a hole in the pocket; she stated she normally did not bring her lighter into the building but acknowledged the possibility it could have fallen through the pocket. After care, another NA straightened Resident #1’s sheets, asked if she needed anything, then left the room and closed the door at the roommate’s request. The facility allowed staff to smoke at the back of the building despite its non‑smoking status for residents. At approximately 4:39 PM, the fire alarm sounded and the fire panel indicated the source was Resident #1’s room. Staff observed light smoke coming from under the closed door. When Nurse #1 opened the door, he found Resident #1 in bed with flames and smoke on her abdomen and upper torso. Nurse #1 and Nurse #2 used bedding from the foot of the bed to extinguish the flames, and other staff applied wet towels and washcloths to smoldering areas on Resident #1’s torso, breasts, groin, and left hand, and removed burned linens and clothing. Multiple staff observed orange embers on the shirt and sheets, and a pinkish‑purple lighter was found on the nightstand as Resident #1 attempted to reach toward it; when asked how she obtained it, Resident #1 stated she had stolen it and could not identify from whom. The fire department and EMS arrived within minutes. EMS and hospital records documented second‑ and third‑degree burns over 16% of Resident #1’s body, including full‑thickness burns of the abdominal wall and left breast, burns to the genital and perineal areas, left hand and digits, and right thigh, with Resident #1 generally alert but confused and often denying pain. The roommate, who was cognitively intact and had an oxygen concentrator in the room (not in use at the time), reported smelling smoke, activating the call bell, and calling out for staff before the alarm sounded, and stated that the resident sometimes talked about smoking. The fire investigation noted damage to the mattress and bed controller consistent with several minutes of burning and confirmed that a lighter matching staff descriptions was provided by the facility as the ignition source associated with the event. Resident #1 was transported by EMS, then airlifted to a trauma center burn ICU, where she required critical care for 16% TBSA burns, NG tube placement for poor oral intake, and surgical excision of burned tissue with application of an allograft to the abdomen and bilateral lower extremities, with plans for subsequent autografting. Hospital staff documented that Resident #1 was disoriented to place and had dementia, and that she described a scenario in which a staff member’s lighter fell from their scrubs, she picked it up without the staff member noticing, and later played with it, leading to the fire. The facility’s failure to prevent a resident with moderate cognitive impairment and significant physical limitations from obtaining and using a cigarette lighter in a non‑smoking environment, and to adequately supervise her so as to prevent ignition of her clothing and bedding, resulted in severe burn injuries. There was also a high likelihood for serious injury or harm to the roommate, who was present in the room and used oxygen equipment, although it was not running at the time of the incident.
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