Failure to Prevent Abuse and Protect Resident Privacy
Penalty
Summary
A facility failed to prevent abuse for a resident with a history of traumatic brain injury and dementia, who was moderately impaired for decision making and required supervision for mobility. The resident was identified as being at risk for falls. An anonymous email was sent to the state health department containing a picture of the resident lying on the floor with their hospital gown exposing their bottom, after an unwitnessed fall. The picture showed the resident looking at the camera and unable to prevent the photo from being taken. The LPN on duty admitted to taking the picture of the resident after finding them on the floor, before assessing the resident. The LPN stated they did not document the fall in the health record, believing the resident was care planned to be on the floor. The facility's abuse policy specifically prohibits taking demeaning or privacy-violating pictures of residents, considering such actions as abuse. The LPN attempted to obscure the resident's buttocks in the image but still took and retained the photo, in violation of facility policy.