Resident Dies from Burn Injuries Suffered at a California Nursing Facility

On March 31, 2008, a 74 year-old female resident of the Lemon Grove Care and Rehabilitation Center near San Diego, California caught fire while smoking at the gazebo area of the facility. Ten days later, the woman died of second and third degree burns she suffered to her face, head, chest, hands, and arms.

According to an investigative report by the California Department of Public Health, the woman had been with two other residents that day, smoking in an area the center had designated for smoking. The report alleged that staff members were not supervising these residents. Sitting on her electric scooter, the woman had been trying to light her cigarette, while placing her jacket over her head to block the wind. As she did so, her jacket caught on fire.


Lemon Grove Care and Rehabilitation Center
Lemon Grove is a skilled nursing facility with 158 beds, located in San Diego County. It provides a full range of nursing services, including physical, occupational, speech, and intravenous therapies. The facility helps patients recover from serious illnesses, such as stroke and pneumonia, and other major injuries. It provides these services for residents who need either long term or short-term care.

Before this recent tragedy, Lemon Grove had minor citations, one in 2005 and two in 2008. However, because the present incident resulted in a resident’s death, the California Department of Public Health issued an “AA” citation. In its report, the Department cited the center for violating 42 CFR 483.25(h)(2) of the Federal Code.

Quality of Care Nursing Residents Must Receive
Subsection 483.25 of the Federal Code designates the quality of care residents must receive to ensure residents have the highest practicable physical, mental, and psychosocial well-being. Specifically, 42 CFR 483.25, subsection (h) states, “The facility must ensure that (1) the resident environment remains as free of accident hazards as is possible; and (2) each resident receives adequate supervision and assistance devices to prevent accidents.”

“AA” Citation is the Most Severe Citation for Nursing Facilities
As a result of the “AA” citation, the center was fined $80,000 by the Department of Public Health. “AA” citations are the most serious violations a facility can receive under state law. They are issued when a resident has died at the facility and the facility’s conduct was the direct cause of the death. These citations can result in fines ranging from $25,000 to $100,000. If a facility receives two “AA” citations in less than two years, the Department of Public Health automatically starts the revocation process of a facility’s license.

In addition to “AA” citations, the Department can issue “A” citations when the facility’s violations create imminent danger or the likelihood of death or serious harm to patients. These fines range from $2,000 to $20,000. A lesser citation are “B” citations, which are issued for violations that have a direct connection to health, safety, or security, but do not meet the level of “A” or “AA” citations.

If you know of someone who is not being properly cared for at a nursing facility, it is important that you contact a nursing home abuse lawyer in California to protect his or her rights. If you have a question or comment, please respond to this posting, but please remember that your responses will not be confidential. You can also call or e-mail, if you would like to discuss the matter in confidence. Thank you for reading our blog.