Failure to Prevent Physical and Verbal Abuse of Residents
Penalty
Summary
The facility failed to protect residents from both physical and verbal abuse, as evidenced by two separate incidents involving residents and staff. In the first incident, a resident with multiple medical conditions, including chronic obstructive pulmonary disease, amputation, and chronic pain, was physically struck in the arm by another resident while in an elevator. The aggressor, who has a history of schizoaffective disorder, violent behavior, and cognitive impairment, admitted to hitting the other resident after a dispute over space in the elevator. This event was corroborated by a third resident who witnessed the altercation and confirmed that the aggressor used a closed fist to strike the victim. Facility staff and documentation confirmed the occurrence of physical abuse. In the second incident, a resident with paraplegia and multiple pressure ulcers was verbally abused by a staff member, specifically a receptionist, during a disagreement in the lobby area. The resident and the staff member exchanged words, and the staff member was reported by two nursing supervisors to have used derogatory and profane language towards the resident, including telling the resident to "shut up" followed by a curse word. Witness statements from both supervisors and facility documentation confirmed the use of abusive language by the staff member towards the resident. Both incidents were substantiated through interviews with the involved parties, witnesses, and review of facility records. The facility's own investigations concluded that abuse had occurred in both cases, with the physical abuse incident involving resident-to-resident aggression and the verbal abuse incident involving a staff member. The facility's policies prohibit such abuse and require the protection of residents from mistreatment by anyone, including staff and other residents.