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Tag No.: A0123
Based on interview and record review the hospital failed to provide a written resolution to 1 of 1 (Patient #1) patient, in response to his grievance.
Findings include:
Complaint Logs/Forms.
A review of the complaint forms revealed a complaint was received from Patient #1 on 5/21/18. Patient #1 called and said that during a CT scan, "they stuck him 4 times and the tech asked if they needed to 'try' again." He saw that the tech (technician) had cut the finger off of the glove to palpate the vein. He thought this was a dirty practice. Patient #1 "voiced concerns regarding his experience and requesting a $10,000.00 settlement for his cracked watch and experience. Apologized to patient at length regarding his experience. Patient stated he does have legal counsel assisting him as he would like his settlement ..." A resolution/closure date was documented as 6/15/18. There was no documentation of a closure letter being sent to the patient.
Incident Abstract Reports.
6/22/18. Patient #1 called and stated he had spoken to someone regarding his IV being left in at discharge, and having to return to the ED (emergency department) to have it removed in October, 2017. He stated he received a letter with an apology with an explaination that "training will be done." He had requested a settlement of $10,000.00.
In May, he said he was "poked like a research project" and his watch showed a crack. " ...He was in the room the whole time and his watch was not dropped but feels the techs cracked it. He would like $5,000.00 settlement on the poking and watch ... He does not want apologies and sorry and a letter telling him we will educate and train. He wanted his settlement and will even do $10,000.00 for both incidents ..."
6/29/18. Patient #1 was informed during a phone conversation of what would occur moving forward with his "legal team" and the hospital's legal department; therefore, "there is no need for a closure letter."
An initial follow-up letter dated 5/22/18 was sent to Patient #1 regarding his complaint received on 5/21/18. There was no final letter documented.
During an interview on 1/15/19 at 10:30 AM with Personnel #5 she said Patient #1's complaint was investigated. Patient #1 called and complained about his watch being damaged during a CT scan, and he had concerns about his care. He was requesting a $10,000 settlement. She said an initial follow-up letter was sent to the patient, but a second follow-up letter wasn't sent to Patient #1. She said when he mentioned that he had legal counsel that would help him in his case against the hospital, his grievance was turned over to the hospital's legal department. The surveyor asked Personnel #5 if the patient's lawyer had every contacted the hospital or sent a letter. She said no.
Hospital Policy.
The hospital's Patient Complaints/Grievances policy with a revised date of 03/2017 reflected, " ...The patient shall have the ability to file a Complaint or Grievance as part of the patient rights process and in compliance with the Medicare Conditions of Participations ... The Hospital's process for managing Complaints and Grievances incorporates the following objectives ...Clarify that billing issues are not considered a Grievance unless the Complaint also contains elements addressing patient service or care issues ... The final response letter shall be approved by the Hospital's claims representative when possible (a 'Final Letter'). If a Grievance is made by a patient's attorney, hospital legal counsel must be consulted before any written response to the Grievance, including a Deferral Letter or Final Letter, is given ..."