Appeal of $10,000 Fine to CA Facility for Leaving Suicidal Patient Unattended is Denied

A federal appeals court has upheld a $10,000 fine against a skilled nursing facility for leaving a suicidal patient unattended, who then walked out of the facility and killed himself.

The U.S. Court of Appeals for the Ninth Circuit said the Department of Health and Human Services' ruled that the decision (Del Rosa Villa v. Sebelius, 2013 BL 330965, 9th Cir., No. 12-71685, 11/26/13) to fine petitioner Del Rosa Villa was supported by substantial evidence. The court denied a petition to overrule decisions that led to the fine.

The unidentified patient first received care at Del Rosa Villa in May 2009 after he broke his leg in a suicide attempt. Hospital employees who treated the man noted psychiatric issues and a risk of self-harm.

After admission to Del Rosa Villa, a nurse noted that the patient should be put on 24-hour suicide watch. The patient was sent to the emergency room after Del Rosa Villa staff couldn't calm him June 5. The patient returned two days later and resumed the unusual behavior. On June 9, the nursing staff allowed him to go outside the facility to smoke, according to court records. He was found 20 minutes later hanging from his belt.

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Nursing Home $10,000 Suicide Fine Upheld