Failure to Protect Resident from Physical Abuse and Delayed Reporting
Penalty
Summary
A resident with severe cognitive impairment, as indicated by a BIMS score of 0 out of 15, and a care plan noting potential for verbal and physical aggression related to dementia, was involved in an incident where a staff member allegedly engaged in physical abuse. The incident occurred when the resident became agitated and struck an LPN, after which the LPN was witnessed by two GNAs to have grabbed, pinched, and slapped the resident. Both GNAs present did not immediately intervene or report the alleged abuse as required by facility policy. The incident was not reported to the Nursing Home Administrator until several days after it occurred, resulting in a delay in the facility's awareness and response. Interviews with the involved staff confirmed the sequence of events, with one GNA expressing fear and lack of knowledge about reporting requirements. The delay in reporting and failure to immediately stop the alleged abuse constituted a failure to protect the resident from abuse as required by regulation.