Failure to Honor Refusal of Care During Hoyer Lift Transfer and Shower
Summary
The facility failed to follow Resident 1’s care plan for refusal of care and failed to honor the resident’s repeated objections during a transfer and shower. Resident 1 had diagnoses including muscle wasting, osteoarthritis of both knees, and a history of psychological trauma. The record also showed that the resident had capacity to understand and make decisions, mildly impaired cognition, dependence for some mobility tasks, and moderate pain. The care plan directed staff to listen to the resident’s instructions, be slow and gentle, return later if care was refused, medicate for pain before care, and notify the DON to help negotiate care when the resident refused to be changed or had a bowel movement. On 5/15/2026, staff transferred Resident 1 from bed to a shower chair using a Hoyer lift and took the resident to the Shower Room even though the resident repeatedly refused, yelled at staff, and complained of pain and discomfort. CNA 1, CNA 2, and LVN 1 stated that the resident did not want to be moved and continued to object during the transfer and shower. The record did not show that the resident agreed to be showered or was given an option to refuse the shower and transfer. The DON stated he was not recalled being contacted when the resident refused care, and RN 1 stated she was not informed that the resident refused to be brought to the Shower Room. After the transfer and shower, Resident 1 complained of severe lower back pain and later requested transfer to a GACH because the pain medication was not effective. The hospital record documented that the resident reported severe low back pain after being lifted by facility staff and felt a crack. MRI findings showed acute L1, L3, and L4 compression fractures with height loss, and the resident underwent kyphoplasty. The facility record did not include a PT or OT recommendation for use of a Hoyer lift, and RN 2 stated the therapy summaries did not indicate the resident had been assessed for the appropriateness of a Hoyer lift. The facility’s refusal-of-treatment policy stated that residents may refuse treatment and that the charge nurse or DON interviews the resident when care is refused, but the documented events showed the resident’s objections were not honored before the transfer and shower proceeded.
Penalty
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