Skip to main content

Inspection visit

complaint

MERRILL GARDENS AT GILROYLicense 4352028061 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

It was alleged that a staff member (S1) had roughly handled resident (R1) in care during the night of 06/13/2022 approximately around midnight. It was alleged that (S1) was upset that R1 was still awake around midnight and aggressively grabbed R1 from behind and pulled R1 up from his/her wheelchair. On 07/01/2022, 5 staff members were interviewed. Based on interview, S3 stated to be made aware of the incident between S1 and R1, on 06/15/2022, 2 days after the incident. S3 was notified by another staff (S2) of the observation between S1 and R1 the night of 06/13/2022. S3 stated that S2 gave R1 popcorn shortly after R1 had a fall, when S1 came into the TV room and “yanked” R1 up from his/her wheelchair, wrapped R1 under his/her shoulder saying it was time for bed. S2 attempted to defend R1 but S1 still continued to take R1 to bed. Based on review of the police records, a statement was taken from S2, who witnessed the incident. S2 stated to be in the dining room eating popcorn with R1, when S1 entered the room very upset that R1 was still up as it was 0030 hours. S1 approached R1 was behind and grabbed R1. S1’s arms were underneath R1 when S1 lifted R1 in an aggressive manger. S1 then forced R1 back and down into his/her wheelchair. Based on review of the police records, a statement was taken from R1. It was reported that R1 was in the dining room of the facility with S2 eating popcorn, when S1 entered the room upset and yelling at R1 for staying up. R1 reported that S1 approached him/her from behind and grabbed the victim from underneath the arms, lifted R1 up with S1’s hands across R1’s chest, inches below his/her throat and squeezed him/her. R1 reported that S1 had grabbed his/her right ring finger and attempted to fold it back. S1 wheeled R1 into his/her room and S1 slammed his/her up against the wall and put him/her to bed. Based on review of the police records, injuries were noted on 06/17/2022. R1 was observed with some bruising underneath both the left and right arms. Bruising was also noted on R1’s right forearm and right ring finger. PAGE 2 OF 3. After the incident, it was alleged that the facility did not informed R1’s family of a change in condition as R1 complained of pain and couldn’t move his/her arms and shoulders. It was alleged that the family was only notified of a fall that took place on 06/13/2022, and not the aggressiveness or pain until Friday, 06/17/2022 when bruises were discovered under R1’s arms. Based on staff interview, S3 stated that on 06/14/2022, 06/15/2022, and 06/16/2022 R1 complained of shoulder pain and requested for a PRN. S3 administered the PRN medication and monitored R1 for effectiveness of the PRN. On 06/14/2022, S3 did not notice any discoloration or bruising on R1 and informed his/her supervisor (S4) that R1 was complaining of shoulder pain. Based on interview with S4, S4 was made aware of incident at about 5:00PM on 06/15/2022. On 06/15/2022, S4 assessed R1 and observed R1 complained of pain on the left shoulder. S4 stated that R1 was complaining of so much pain that they couldn’t get R1’s shirt up to observe. S4 faxed the doctor. On 06/16/2022, S4 called the family and stated to have notified the family of R1’s shoulder pain and headache and suggested to R1’s responsible party to take R1 to the doctor to make sure. Based on review of R1’s records, it was indicated that on 06/16/2022 staff spoke with R1’s responsible party that R1 hasn’t been sleeping well at night. There was no note that staff informed R1’s responsible party of any complaints of pain starting from 06/14/2022, when R1 first complained of shoulder pain. Based on record review and interview, S1 was moved to assisted living and no longer assigned to the memory care unit. The Department has investigated the above allegations. Based on interview and record review the preponderance of evidence standard has been met, therefore, the above allegations are substantiated. Deficiencies were cited per California Code of Regulations, Title 22. See LIC9099-D. This report was reviewed with General Manager, Billy Mitchell and Health Services Director, Jocelyn Bailon and a copy of the report and appeal rights were provided. PAGE 3 OF 3.

Citations

2 citations recorded*CCLD

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to children. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

  • 87468.1(a)(3)Type A

    (a) Residents in all residential care facilities for the elderly shall have all of the following personal rights: (3) To be free from punishment, humiliation, intimidation, abuse, or other actions of a punitive nature, such as withholding residents’ money or interfering with daily living functions such as eating, sleeping, or elimination. This requirement is not met as evidenced by: Based on interview and record review, the licensee did not ensure resident (R1) was free from abuse by staff (S1) who handled R1 roughly on the night of 06/13/2022 which poses an immediate, health, safety and personal rights risk to persons in care.

  • 87412(a)Type B

    Based on record review and observation, licensee did ensure staff (S1) and (S4) health screening and TB result was not on file which poses a potential health, safety and personal rights risk to persons in care.

FAQ · About this visit

Common questions about this visit

What happened during the September 19, 2024 inspection of MERRILL GARDENS AT GILROY?

This was a complaint inspection of MERRILL GARDENS AT GILROY on September 19, 2024. 1 citation were issued: 1 Type A (serious).

Were any citations issued to MERRILL GARDENS AT GILROY on September 19, 2024?

Yes, 1 citation was issued (1 Type A, 0 Type B). The first citation was for: "(a) Residents in all residential care facilities for the elderly shall have all of the following personal rights: (3) To..."

What type of inspection was this?

This was a complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

SourceView on CCLDView original report

Share this reportEmail

Next steps

If this is your facility,claim this pageand correct anything the record gets wrong. Free.

Researching this visit professionally?Book a 15-minute calland we will walk through what we have on file.

Data from CCLD public records. Last updated . If you believe any information is inaccurate, report it here.