Failure to Protect Resident from Physical Abuse by Another Resident
Penalty
Summary
The facility failed to protect a resident from abuse when another resident repeatedly hit her on the arm. The resident who was hit had a history of flaccid hemiplegia, epilepsy, and muscle weakness, and was cognitively intact. The aggressor resident had severe cognitive impairment. The incident was witnessed by another resident, who confirmed that the aggressor hit the victim on the arm, causing the victim to yell. The victim reported feeling scared and stated that she did not like being touched due to past trauma. She required medication to calm down after the incident. Staff interviews confirmed awareness of the incident, with a licensed nurse and the Director of Nursing both acknowledging that the resident was upset and required medication for nervousness. The facility's policy defined abuse as the willful infliction of injury or intimidation resulting in physical harm, pain, or mental anguish, and stated that all residents, regardless of mental or physical condition, are protected from such abuse. The report of suspected abuse was documented, and the incident was corroborated by both the victim and a witness.