Failure to Protect Resident from Abuse by Family Member
Penalty
Summary
A resident with a history of hemiplegia and hemiparesis following a stroke, who was cognitively intact and dependent on staff for most activities of daily living, was subjected to abuse by a family member during a visit. The incident occurred when the resident was speaking on the phone and the family member became upset, reportedly hitting the resident on the leg, covering her mouth and nose with her hand, and telling her to shut up. This event was directly witnessed by a nurse aide, who intervened immediately. The nurse aide reported hearing the sound of the slap and observed the family member forcefully covering the resident's mouth and nose, pushing her head back. The aide confronted the family member and called for supervisory staff, who arrived and removed the family member from the room. The resident, when interviewed, did not recall being hit or being told to shut up, and minimized the incident, stating that her family member was not trying to hurt her. However, the nurse aide's account was consistent and detailed, and the supervisory staff confirmed the sequence of events as reported by the aide. The family member denied hitting or covering the resident's mouth, though admitted to touching the resident's chin to get her attention. Other family present did not provide additional details. The Director of Nursing and Administrator both confirmed that the incident was substantiated as abuse based on the nurse aide's eyewitness account. The facility's failure to protect the resident from abuse by a family member constituted a deficiency in ensuring the resident's right to be free from all forms of abuse.