Inspection Findings:
Based on interview and record review it was determined the facility failed to ensure 2 of 2 staff (RNs) adhered to professional standards of nursing practice related to the provision of care for a resident after a fall with potential neck and back injuries. This was determined to be an immediate jeopardy situation which resulted from a lack of assessment of the resident and provision of appropriate neck and spine precautions for 1 of 1 sampled resident (#1) who was injured in a fall resulting in blunt trauma to the back of the resident's head, complaints of neck pain and inability to move extremities. The fall resulted in a cervical spine (neck) fracture and spinal cord injury requiring emergency surgical intervention. According to hospital records the resident died on 11/29/23 as a result of this fall. Findings include:
The Oregon State Board of Nursing and the Oregon Nurse Practice Act include the following information:
Division 45 - Standards and Scope of Practice for the OAR 851-045-0060 Scope of Practice Standards for Registered Nurses and Licensed Practical Nurses.
2) Standards related to the RN's responsibility for ethical practice, accountability for services provided, and competency. The RN shall:
(a) Base RN practice on current and evolving nursing science, other sciences, and the humanities;
(b) Be knowledgeable of the professional nursing practice and performance standards and adhere to those standards;
(c) Be knowledgeable of the Oregon statutes and regulations governing RN practice and practice within those legal boundaries;
(d) Demonstrate honesty, integrity and professionalism in the practice of registered nursing;
(e) Be accountable for individual RN actions;
(f) Maintain competency in one's RN practice role;
(g) Maintain documentation of the method that competency was acquired and maintained;
(h) Accept only RN assignments that are within one's individual scope of practice;
(i) Recognize and respect a client's autonomy, dignity and choice;
(j) Accept responsibility for notifying employer of an ethical objection to the provision of a specific nursing intervention;
(k) Ensure unsafe nursing practices are addressed immediately;
(l) Ensure unsafe practice and practice conditions are reported to the appropriate regulatory agency; and
(m) Protect confidential client information and only share information in a manner that is consistent with consistent with current law.
The Mayo Clinic provided the following guidance (dated 2/2023) for a suspected spinal injury: Do not move the affected person. Permanent paralysis and other serious complications can result. Assume a person has a spinal injury if:
-There's evidence of a head injury with an ongoing change in the person's level of consciousness.
-The person complains of severe pain in her/his neck or back.
-An injury has exerted substantial force on the back or head.
-The person complains of weakness, numbness, or paralysis or lacks control of her/his limbs, bladder or bowels.
The neck or body is twisted or positioned oddly.
If you suspect someone has a spinal injury:
-Get help. Call 911 or emergency medical help.
-Keep the person still. Place heavy towels or rolled sheets on both sides of the neck or hold the head and neck to prevent movement.
-Avoid moving the head or neck.
Resident 1 was admitted to the facility in 4/2023 with diagnoses including schizophrenia (serious brain condition that causes abnormal interpretation of reality) and depression.
Resident 1's 4/25/23 care plan revealed Resident 1 required the stand-by assistance of one person for ambulation with a walker.
Staff 2's (DNS) 11/20/23 at 12:44 PM progress note revealed while being transported by Witness 10 (ALF [Assisted Living Facility] CNA), Resident 1 tipped backward in her/his wheelchair and hit the back of [her/his] head and neck on the wheelchair ramp and remained in that position for approximately "5-8 minutes." Staff 2 indicated she observed the resident in the wheelchair tipped backward on the van floor and she/he was in a position which caused the resident's neck "to be folded with [the] chin tucked to [her/his] chest." The resident was moved to an upright position by four facility staff and was noted to have a quarter sized abrasion to the back of the head. The resident reported neck pain and having difficulty moving all of her/his extremities. The resident was noted to be able to lift her/his hands/arms and feet/toes. The resident asked to go to the ER (Emergency Room) for evaluation. Staff 2 notified the resident's family and primary care physician.
There was no documentation in the resident's record that neck and spine precautions were put in place when she/he complained of neck pain.
An 11/20/23 Oregon EMS (Emergency Medical Services) Patient Care Report indicated an ambulance was dispatched at 1:05 PM and arrived at the facility at 1:07 PM. The EMS report revealed facility staff reported Resident 1 fell backwards in the wheelchair onto the floor of the facility transport van and landed on her/his back and neck. Resident 1 reported she/he had "sharp pain" in her/his neck" and pain and tingling in all extremities. The resident stated when she/he fell backwards in the wheelchair she/he thought she/he felt something in her/his neck "pop." The report indicated facility staff assisted with transferring the resident to an EMS gurney and c-spine (cervical spine: first seven vertebrae or bones in the spine) precautions were implemented. The report revealed the cervical collar available [on the ambulance] did not fit the resident and a pillow and multiple towel rolls were used to support the resident's neck. The closest time given since the injury was approximately one hour. EMS observations revealed Resident 1 was breathing at a normal rate and with quality circulation. The ambulance departed from the facility at 1:17 PM and arrived at the ED (Emergency Department) at 1:40 PM.
ED notes revealed: Resident 1 was admitted on 11/20/23 at 1:43 PM and indicated the resident had constant moderate to severe pain that worsened with movement or touch; she/he could not feel her/his abdomen/arms or wiggle her/his toes since the fall, which was unusual for her/him. The notes revealed a c-collar (supportive neck brace) was applied and c-spine precautions were maintained. Results of diagnostic imaging at 2:04 PM and 3:07 PM revealed there was a fracture of the spine through the c-6/7 level. At 3:02 PM the ED physician documented the resident had a diagnosis of fracture of the sixth cervical vertebrae and indicated a trauma surgeon at another hospital agreed to see Resident 1 for evaluation and treatment.
Hospital Notes:
-On 11/20/23 the resident was transferred to the other hospital via Life Flight (helicopter) and was admitted to the Neuro Trauma Intensive Care Unit at 7:51 PM. The resident's medical diagnoses included: fracture of the sixth cervical vertebrae, caused by a sudden, forceful injury resulting in severe pain in the back, legs and arms, central cord syndrome (impaired ability to transmit messages to or from the brain) and spinal cord injury (damage to the spinal cord resulting from trauma).
-On 11/20/23 at 6:11 PM hospital notes revealed Resident 1 had additional diagnostic testing to confirm the diagnosis of a cervical spine injury. On 11/21/23 the resident had spinal fusion surgery (surgical procedure to join two or more bones of the spine together permanently) to treat the cervical spine fracture and spinal cord injury. Hospital notes indicated the resident's status remained serious and she/he died on 11/29/23.
A witness statement signed by Staff 2 on 11/21/23 revealed Witness 10 contacted her on 11/20/23 at 12:32 PM while she was transporting Resident 1. Witness 10 reported Resident 1's fall in the facility van and her attempt to "push the resident back to an upright sitting position but was not able to do so." Staff 2 instructed Witness 10 to return to the facility "as safely as she could." Staff 2 indicated she observed the resident in the wheelchair tipped backward on the van floor in a position which caused her/his "chin to be tucked into [her/his] chest." Staff 2 noted Resident 1 was awake, talking, complained of "neck and back pain" and had a "quarter sized abrasion" to the back of her/his head. Staff 2 documented four facility staff raised the resident and the wheelchair to an upright position and she "tried to secure/stabilize the resident's neck from behind." While staff were removing Resident 1 from the transport van, Staff 2 stated as Witness 10 was wheeling the resident into the facility Staff 2 "held up her/his feet using the bottom of her/his pants" because there were no foot pedals and "she/he could not lift her/his feet." Staff 2 indicated she completed a neurological assessment that "revealed PERRLA (pupils equal, round and reactive to light and accommodation)". Staff 2 documented the resident had "weak grip strength" and "would not vs could not move [her/his] feet/legs." The resident stated she/he wanted to go to the hospital and EMS was contacted for transport. There was no documented evidence that the resident was provided with continuous support for her/his neck.
A witness statement signed by Witness 10 on 11/21/23, revealed while transporting Resident 1 she moved away from a stop sign "about a block away from the facility" and the resident's wheelchair tipped backwards. Witness 10 indicated she stopped and was "unable to get [Resident 1's] chair back up." Witness 10 documented she called the facility and Staff 2 told her to return to the facility because they were fairly close by. When she arrived at the facility there were other employees who helped "get [the resident] and [her/his] chair tipped back upwards."
During interviews on 11/30/23 at 3:45 PM and 12/1/23 at 10:04 AM Witness 10 stated she pulled the van over and attempted to get the wheelchair upright and was unable to do so. She called Staff 2 (DNS) at the facility, explained what happened and asked what she should do. Staff 2 directed her to return to the facility because she was close by. Witness 10 stated the resident seemed calm, alert and was still talking to her. When they arrived at the facility there were multiple people who came out to help. They uprighted the wheelchair and got the resident out of the van. Resident 1 was still talking and she/he told staff her/his head and neck hurt. Witness 10 stated she did not implement protective measures in the van because Resident 1 did not verbalize pain to her.
During an interview on 11/30/23 at 6:00 PM Witness 1 (Complainant) indicated he went to the facility on 11/20/23 for an emergency that involved a resident who fell in the transport van. Witness 1 observed Resident 1 in the facility, seated in a wheelchair with no neck support in place. Witness 1 stated he observed the resident's head down with her/his chin on her/his chest. Witness 1 asked staff how the resident was injured and no response was given. Witness 1 requested to speak to Witness 10, who was present at the time of the fall. Staff 2 indicated Witness 10 was "unavailable." Witness 1 stated he and facility staff used his lifting strap to get the resident from the wheelchair to the gurney and secured and loaded her/him onto the ambulance. Witness 1 observed marks on Resident 1's shoulders and neck and a red abrasion on the back of her/his head. Witness 1 asked Resident 1 what happened and she/he did not provide any information at that time.
Witness 1 was familiar with Resident 1 and said she/he used a walker and was able to move independently with minimal assistance. Enroute to the hospital, the resident said her/his arms and legs were tingling and burning and she/he could not move her/his fingers on either hand normally. Witness 1 stated the resident tried to move her/his arms but was weak and had uncoordinated movements. Resident 1 stated she/he fell over backwards in the wheelchair and landed on her/his neck and back. Witness 1 indicated the resident stated she/he felt something pop in her/his neck and he immediately initiated cervical spine precautions. Witness 1 asked how long it had been since injury and the resident said it was "quite awhile". Witness 1 reported when he was dispatched around 1:00 PM, facility staff would not provide a specific time when the incident took place.
On 12/1/23 at 11:06 AM Witness 6 (ALF Caregiver) revealed she was present when Witness 10 and Resident 1 returned to the facility on 11/20/23 after her/his fall in the transport van. Witness 6 stated the resident was "very quiet" but she/he said she/he had pain in her/his neck and back. Witness 6 stated she checked the resident's vital signs and asked her/him what her/his pain level from one to ten and the resident replied it was a "ten." Witness 6 stated the resident was usually able to assist with transfers but was she/he was unable to assist when transferring from the wheelchair to the EMT's (Emergency Medical Technician's) gurney.
On 12/1/23 at 1:55 PM Staff 3 (RNCM) stated she was present after Resident 1's fall in the facility van and observed Staff 2 (DNS) attempt to stabilize the resident's head. Staff 3 stated she observed the resident's head was against the raised wheelchair ramp and her/his chin was pressed to her/his chest. When Staff 3 was asked whether the resident's status was assessed prior to moving her/him she stated she did not check the resident. Staff 3 stated she did not think about calling 911 prior to moving the resident because she/he "needed to get out of that position." Staff 3 indicated after she and the other staff "got [Resident 1] up," she exited the van and assisted with the van lift to help the resident out of the van.
During an interview on 12/1/23 at 2:35 PM Staff 2 stated Witness 10 told her she went around a corner and the resident tipped back in the wheelchair. Staff 2 stated she asked Witness 10 where they were and was informed they were close by and they arrived at the facility within a minute. In response to how the resident was lifted and removed from the van, Staff 2 stated she/he was difficult to move and they did not have extra cervical collars available for emergencies. When Staff 2 was asked whether she considered instructing Witness 10 to call 911 from the site of the incident, she stated "no" because they were so close to the facility. The surveyor asked Staff 2 if she considered waiting for EMTs before moving the resident and she stated "no" because she was concerned about the resident's breathing.
On 12/1/23 at 12:55 PM Staff 1 (administrator) stated he assumed staff would call the facility before calling 911 and whether or not they would do so, depended on the issue.
On 12/2/23 at 1:45 PM Staff 1 was notified Resident 1's fall during transport in the facility van on 11/20/23 was an Immediate Jeopardy (IJ) situation and was provided with a copy of the IJ template regarding the facility's failure to ensure residents received care according to accepted nursing standards of practice. An IJ immediacy removal plan was requested.
On 12/2/23 at 4:43 PM the facility submitted a final acceptable immediacy removal plan which would abate the IJ situation.
The IJ immediacy removal plan included:
The facility will take immediate corrective actions to ensure care and services provided by the facility are provided according to accepted standards of clinical practice as evidenced by:
1. Training the DNS with use of a clinical consultant to ensure the DNS has full understanding of current practices and accepted standards. This will require at least 5 business days to locate and secure a clinical consultant.
2. DNS will be validated and competency checked by an outside clinical consultant as per their protocols to ensure full understanding of emergency situations, with specific reference to suspected head and neck injuries as well as other emergency situations.
3. DNS will develop and/or review facility policies and procedures with the facility administrator to ensure policies and procedures reflect current practices and accepted standards. This requires a review of current policies and procedures as well as possible development of new policies and procedures. This will require 5 business days following completion of DNS consultant training.
4. DNS and facility administrator will provide all staff training to every department in the facility including nursing department to address policy updates, changes and any new policies that are developed following DNS training and policy review with facility administrator. This will take 1 business day to provide all staff training.
5. All facility staff will be provided with a competency quiz following training to ensure that all facility staff understand what to do in the event of a clinical emergency based on the policy updates, changes or new policies presented.
6. All facility staff will be provided with training upon hire and annually to ensure understanding of current practices and accepted standards during emergencies. Training will be provided by the DNS.
*F685 will be reviewed in QAPI to ensure that all team members have input and suggestions to better improve facility standards.
On 12/6/23 the immediacy was removed based on implementation of the IJ immediacy removal plan confirmed through staff interviews for verification of provided training and review of facility documentation. During interviews on 12/7/23 staff confirmed they received the required training.
Plan of Correction:
F658 - Services Provided Meet Professional Standards
How the corrective action will be accomplished for those residents found to have been affected by the deficient practice:
Based on a recent complaint survey it has been alleged that the facility failed to ensure Staff 2 (DNS) adhered to professional standards of nursing practice related to the provision of care for a resident after a fall with potential neck and back injuries after Witness 10 neglected to strap the front wheels down of Resident 1's wheelchair during transport.
On 12/05/2023 the DNS was trained and has full understanding of professional standards of nursing practices through the training provided by Oregon Care Partners.
The DNS was validated, and competency checked through Oregon Care Partners to fully understand emergent situation protocols, specifically related to head and neck injuries.
Identify other residents having the potential to be affected by the same practice:
All residents residing in the Nursing Facility have the potential to be affected. Nursing Facility staff will be trained by 01/28/2024 on how to proceed in emergent situations, specifically related to suspected head and neck injuries by the DNS.
Measures that will be put into place or systemic changes made to ensure deficient practice will not recur:
Nursing Facility policies related to protocols during emergent situations, specifically related to suspected head and neck injuries were updated, and Nursing Facility Staff will be educated on these policies and protocols.
How the facility will monitor performance to ensure solutions are sustained:
DNS or designee will complete random monthly audits to ensure Nursing Facility staff, including new hires, will receive the training protocol policies for 3 months and no less than quarterly thereafter.
Progress will be reviewed in no less than quarterly in QAPI and any deficiencies found through the QAPI process will be addressed and PIP plans will be put in place.
Date of Compliance:
01/28/2024