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Based on observations, record reviews, and interviews, the hospital failed to meet the requirements of the Condition of Participation of Patient Rights. The hospital failed to ensure that patients received care in a safe setting. This deficient practice was evidenced by allowing an employee patient driver (S2PTD) with a history of seizures to continue to drive after being involved in a serious motor vehicle accident that was suspected to be related to a seizure without medical clearance from a medical provider knowledgeable in seizure disorders (See findings in A-0144).

An Immediate Jeopardy situation was identified on 02/20/2024 at 3:19 p.m. and reported to S1CEO. The Immediate Jeopardy situation was a result of the hospital allowing an employee patient driver with a history of seizures to continue to drive after being involved in a serious motor vehicle accident that was suspected to be related to a seizure without medical clearance from a medical provider knowledgeable in seizure disorders.

The Immediacy was lifted on 02/20/2024 at 4:10 p.m. when S1CEO provided written documentation the employee patient driver will be removed from any patient contact/transporting. The driver will not return to patient transport. This change will be effective 02/20/2024 at 3:25 p.m. However, there was not enough evidence to determine sustainability of Compliance of the Condition of Patient Rights to be cleared. Noncompliance remains at the Condition level.

Based on record reviews and interviews, the hospital failed to ensure that patients received care in a safe setting. This deficient practice was evidenced by allowing an employee patient driver (S2PTD) with a history of seizures to continue to drive after being involved in a serious motor vehicle accident that was suspected to be related to a seizure without medical clearance from a medical provider knowledgeable in seizure disorders.

Findings:
Review of the Louisiana Uniform Crash Report provided by the hospital revealed in part, S2PTD was involved in a single vehicle accident on 01/16/2023. Further review revealed the crash report narrative by S5Police: My investigation revealed vehicle one was traveling northbound on LA 109, near MP#20.7. Vehicle one left the roadway to the right, struck a culvert with the left front of the vehicle, causing the vehicle to rotate to the left. Vehicle one then struck the north side of a ditch with the right side of his vehicle, coming to final rest in the ditch submerged in over 2 feet of water. Areas of impact were determined by light marks on roadside, scuffs on south culvert, and impressions on north side of ditch. The driver of vehicle one was airlifted, due to a medical condition, prior to my arrival. I was advised two unknown citizens arrived on scene first and removed the driver from the vehicle by the front passenger door. After speaking with paramedics and first responders on scene, I was advised the driver has a history of epileptic seizures and the reason for the crash may have been a result of the medical condition.

Review of the return to work form that was completed by S7NP revealed in part, may return to work at full duty on 07/17/2023. S2PTD sustained a fractured back from the accident and was treated by S6Neurosurgeon. This was not related to clearance from a possible seizure.

In an interview on 02/19/2024 at 1:01 p.m. S4HRD stated S2PTD returned to work on 07/25/2023 after the accident.

Review of the hospital's organizational chart and employee list revealed in part, S2PTD as the transportation driver.

In an interview on 02/19/2024 at 12:47 S1CEO verified S2PTD was still the driver of the patient transportation van.

In an interview on 02/19/2024 at 2:03 p.m. S2PTD stated he was coming back from Vinton and he woke up and 3 guys were pulling him up from the bank. S2PTD stated that is all he remembers from the accident. S2PTD stated he was airlifted from the accident to the hospital. He stated he honestly does not know how the accident occurred. S2PTD stated the van ended up in water. S2PTD stated he felt like if he had fallen asleep, then the water would have woken him up but that was not the case. S2PTD stated when he was 14 years old, he had passed out. S2PTD stated they thought he had a seizure back then. S2PTD stated they put on him medication. S2PTD stated he took Dilantin and then Tegretol for years. S2PTD stated when he got to adulthood, around the age of 30, he stated he took himself off of the seizure medication because they were never really sure if it was a seizure or not when he was 14. S2PTD stated he is now 58 years old and has not had any seizure activity since the age of 14. S2PTD stated he had a broken back, contusion to the head, fractured orbital bone, and fractured nose from the accident. S2PTD stated he was told, his back was inoperable and that it had to graft back together on its own.

In an interview on 02/20/2024 at 12:50 p.m. S2PTD stated S6Neurosurgeon released him to return to work. S2PTD stated he wore a back brace for 3 months, went to physical therapy for 3 weeks and had a nose surgery after the accident. S2PTD stated he did not see a neurologist after the accident. S2PTD stated the last time he went to a neurologist was approximately 30 years ago.

In an interview on 02/20/2024 at 12:38 p.m. S1CEO stated there were two pending patient transports for today (02/20/2024).

In an interview on 02/20/2024 at 1:40 p.m. S1CEO stated if there was a patient transport needed today (02/20/2024) the driver would be S2PTD.