Failure to Prevent Verbal and Physical Abuse by Staff and Residents
Penalty
Summary
The facility failed to prevent both verbal and physical abuse involving staff and residents. In one incident, a former Licensed Social Worker (LSW) engaged in a verbal altercation with a resident in the dining room, during which both parties exchanged profanities. Multiple staff members and the resident involved confirmed that the staff member used inappropriate language and engaged in argumentative behavior, which was considered verbal abuse. The altercation was witnessed and reported by staff, and the resident expressed feeling abused by the staff member's actions. Additionally, the facility did not prevent physical abuse between residents in several instances. In one case, a resident was struck on the head by another resident without provocation, as observed by a CNA. In another incident, a resident was scratched on the face with a comb by another resident following an argument about a prosthetic sleeve, resulting in superficial injuries. The aggressor in this case had expressed unfounded fears about disease transmission, and the victim reported feeling unsafe due to the return of the aggressor to the facility. A further incident involved a resident slapping a cup out of another resident's hand, causing the cup to hit the resident in the lip during a verbal confrontation. The facility's abuse prevention policy states that residents have the right to be free from all forms of abuse, including physical and verbal abuse, and that protection must be provided from abuse by anyone, including staff and other residents. Despite this policy, the facility did not effectively prevent these incidents of abuse.