Failure to Protect Resident from Racial Discrimination During Verbal Altercation
Penalty
Summary
The facility failed to protect a resident's right to a dignified existence and freedom from discrimination when a verbal altercation between two residents involved the use of racial slurs. One resident, with a diagnosis of bipolar disorder and a history of verbally aggressive behaviors, walked past another resident's room and, after being yelled at to leave, responded with a racial slur. The incident was confirmed by both residents and staff, with documentation indicating that the resident who used the slur had a care plan addressing verbally aggressive behaviors, but not specifically racial discrimination. The other resident, who has a history of post-traumatic stress disorder related to racial trauma, did not have their care plan updated following the incident. Staff interviews revealed that the incident was known to some, but not all, staff members, and that the facility's policies prohibit discrimination and require prompt reporting of such incidents. The Director of Nursing acknowledged the incident as racially abusive language and bullying, and noted that racism was a pervasive issue in the facility. Despite this, the clinical record for the resident who experienced the slur lacked documentation of the incident beyond a single communication note, and there was no evidence of additional interventions or care plan updates related to the racial discrimination event.