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San Francisco Nursing Home Fined in Resident’s Death

A San Francisco nursing home has been handed a stiff penalty of $100,000 in connection with the death of a patient.  The nursing home, Convalescent Center Mission Street, which has since changed its name to San Francisco Nursing Center, has been handed down the stiffest penalties that the state regulatory agencies can hand down.  The nursing home has also been given the agency’s most senior AAA citation.

The incident in question occurred on March 2, 2010.  A certified nursing assistant at the facility suffocated a resident with a pillow.  On the night of the attack, a nursing assistant at the facility saw another nursing assistant Maximo Hong Fajardo Junior standing beside the bed of Barbara McIver.  He was pushing a pillow into her face.  When the other nursing assistant screamed out, Fajardo ran from the building.  After that, he carjacked several vehicles, and went on a rampage, causing several accidents until he was finally arrested.  He’s currently on trial for murder.

At the time of the attack, Fajardo had only been working at the Center for two weeks.  In fact, it was his first complete day on the job after a two-week training period.

The California Department of Public Health has given the facility an AAA citation, for failing to protect residents from physical abuse by a staff member.  This is the strictest citation that an agency can hand down, and according to the California Department of Public Health, it is only handed in those situations where a violation has occurred which has been determined to have been a direct cause of death of a patient or resident of a long-term care facility.  According to the California Department of Public Health, only about 20 AAA citations are handed out every year.  If the facility receives a second AAA citation in the next 24 months, it could lose its license altogether.

The nursing facility assigned Fajardo to the care of elderly residents, even though he had no experience with working with elderly patients.  He was assigned to at least seven elderly residents on his very first day of work.  According to the Department of Public Health report, there was a systemic failure in monitoring, supervising and evaluating his performance on his first day.  Besides, the staff at the facility was completely unequipped to provide emergency medical help to McIver before paramedics arrived.

Elders at a nursing facility depend heavily on skilled and trained staff members.  Unfortunately, many nursing care facilities fail to screen staff members, exposing patients to risks of serious abuse of neglect.  A facility with elderly and frail patients must have adequate numbers of staff present, staff numbers must be properly screened and their background verified before they are employed by the facility.  If your loved one has been subjected to abuse or neglect in a nursing home, contact a California elder abuse lawyer today.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of nursing home abuse. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not representing any party in the matters discussed in this posting.

 

 

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