Failure to Immediately Remove Staff Accused of Abuse
Penalty
Summary
Facility staff failed to protect a resident from further abuse by not immediately removing a staff member accused of sexual abuse. According to facility policy, any staff member involved in an abuse allegation should be removed from their duties and sent home while an investigation is conducted. In this case, a resident with diagnoses including type II diabetes, overactive bladder, schizophrenia, anxiety, bipolar disorder, and cognitive communication deficit, who was cognitively intact, reported an allegation of sexual abuse when she awoke to a CNA checking her brief. The incident occurred at 1:05 AM, but was not reported to the DON until 8:05 AM. The CNA was not suspended until the DON received the report, contrary to policy requirements. Staff interviews revealed that the nurse on duty did not send the CNA home at the time of the incident and did not immediately report the allegation to the DON. Instead, the nurse reassured the resident and took over her care for the rest of the night, instructing the CNA not to return to the resident's room. The delay in reporting and failure to immediately remove the accused staff member from duty resulted in noncompliance with the facility's abuse policy and decreased the facility's ability to protect residents during the investigation.