Failure to Prevent Staff-to-Resident Abuse and Intimidation
Penalty
Summary
A resident with a history of right tibia fracture, lumbar vertebra fracture, and injuries from a motor vehicle accident was admitted to the facility and reported an incident involving an LPN. The resident stated that the LPN did not want to admit her, causing a delay in her admission. The following day, the LPN entered the resident's room and accused her of reporting the LPN, using an aggressive tone that made the resident feel uneasy and fearful. The resident had intact cognition, as indicated by a BIMS score of 14/15. Facility records and interviews confirmed that after being suspended pending investigation, the LPN reentered the building and confronted the resident, despite the expectation that suspended staff leave the premises immediately and not return until notified by a supervisor. The facility's abuse policy requires immediate removal of alleged abusers and protection of residents from all forms of abuse, including intimidation and retaliation. The LPN's actions violated these policies, resulting in a failure to prevent staff-to-resident abuse and to protect the resident from psychosocial harm.