Failure to Protect Resident from Physical Abuse by Staff
Penalty
Summary
A resident with severe cognitive impairment and multiple psychiatric diagnoses, including dementia, major depressive disorder, anxiety, hallucinations, and dissociative conversion disorder, was not protected from physical abuse by facility staff. The resident was heard yelling, and upon investigation, was found to have a bleeding lip. A Licensed Nursing Assistant (LNA) present at the time later admitted to another staff member and the facility administrator that, during care, the resident had struck her, and she reacted by striking the resident in the face. The facility's investigation confirmed that the resident was physically abused by the staff member. The facility's policy states that all residents have the right to be free from abuse, including physical abuse, by staff or others. Despite this policy, the incident occurred when the LNA, in response to the resident's combative behavior, physically struck the resident. The administrator confirmed that the facility failed to ensure the resident was free from abuse during this incident.