Failure to Protect Resident from Physical and Verbal Abuse by Family Member
Penalty
Summary
A resident with multiple complex medical conditions, including hemiplegia, muscle weakness, and an above-knee amputation, reported being verbally and physically abused by a family member during a visit. The resident, who was cognitively intact and wheelchair-bound, stated that the stepdaughter demanded a bank card and, upon refusal, grabbed the resident by the shirt collar and neck while outside the facility. The incident was relayed to staff shortly after it occurred, and the resident was assessed for injuries, with none noted at the time. The facility's abuse prevention policy explicitly includes protection from abuse by family members. Despite this, the resident was able to be placed in a situation where physical abuse occurred on facility property. Multiple staff interviews confirmed that the resident reported the incident to an activities staff member, who then notified an LPN. The LPN assessed the resident and confirmed the account of being grabbed by the collarbone and neck during the demand for the bank card. The event was also reported to the facility administrator, who was informed that the family member had already left the premises. The administrator initiated an investigation and notified local law enforcement. The resident's account was consistent across interviews with staff and law enforcement, describing the physical abuse and the demand for the bank card. The facility failed to prevent the abuse from occurring, as required by its own policies and federal regulations.