LAKEPORT, Calif. – A Lakeport care facility is moving forward with an appeal of a state citation and fine it received in May for the 2011 death of a patient.
The California Department of Public Health gave Evergreen Lakeport Healthcare the most severe penalty under state law, a Class “AA” citation, and the highest fine, $100,000, following the completion of its investigation into the August 2011 death of an elderly female patient, as Lake County News has reported.
A nurse accidentally gave the woman pain medication – in this case, methadone – meant for another patient, according to the investigation.
Rather than take the woman to the hospital or give her a reversal agent, facility staff monitored her vital signs and gave her oxygen. Her condition worsened and she died several hours later, the investigative report said.
Irvine attorney Kippy Wroten, who represents Evergreen Lakeport Healthcare, said the facility “respectfully, yet strongly” disagreed with the citation, believing it was inconsistent with the evidence of the facility nursing staff's diligent care and treatment.
She said her office filed a notice with the California Department of Public Health informing the agency that Evergreen Lakeport Healthcare will appeal the decision.
Pursuant to administrative rules, the appeal will be filed this month, Wroten said.
Corey Egel, a spokesman for the California Department of Public Health, told Lake County News that the vast majority of facilities receiving “AA” citations appeal them.
He said facilities are rarely successful in court in overturning that level of citation.
Evergreen Lakeport Healthcare previously received a “AA” citation and an $80,000 fine for the death of a 44-year-old woman in June 2007.
The investigative report in that incident faulted the facility for lack of proper care and inadequate staff training in emergency care and cardiopulmonary resuscitation.
Egel said Evergreen Lakeport Healthcare appealed in that case and a settlement was reached for $70,000.
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