Failure to Protect Resident from Physical Abuse and Psychosocial Harm
Penalty
Summary
The facility failed to protect a resident from physical abuse and psychosocial harm when one resident struck another on the head. Specifically, a resident with severe cognitive impairment and diagnoses including Paranoid Schizophrenia, Bipolar Disorder, and Dementia approached another resident from behind and hit her on the head while she was sitting on a couch. The incident was witnessed by staff and another resident, and was documented in both the clinical record and state agency report. The resident who was struck immediately expressed fear of the other resident and was observed holding her head after the incident. Following the event, the resident who was hit reported to staff and her roommate that she was afraid of the resident who struck her and did not feel safe in her environment. She chose to remain in her room out of fear and expressed concern when the other resident returned from the hospital. Interviews with staff and another resident confirmed that the affected resident verbalized her fear and desire to avoid the individual who had hit her. The facility's own policies prohibit all forms of abuse, including physical and psychological harm, and require protection of residents from abuse by anyone, including other residents. Despite the absence of physical injury or significant decline in mental or physical functioning, the resident experienced psychosocial harm as evidenced by her expressed fear and change in behavior following the incident. The facility's documentation and staff interviews confirmed that the resident was initially fearful and that being hit on the head constituted physical abuse. The event demonstrated a failure to ensure the resident's right to be free from abuse and to feel safe in her living environment.