Failure to Protect Resident from Verbal Abuse by LPN
Penalty
Summary
A resident with Fragile X syndrome, bipolar disorder, and anxiety disorder, who required partial assistance for dressing and had some memory and decision-making difficulties, requested medication from an LPN. The LPN informed the resident they would have to wait due to another resident's medical emergency. The resident then retrieved a partial bottle of soda from their room and threw it at the LPN's head. In response, the LPN told the resident that they had committed assault and were going to jail. Following this exchange, the resident left the facility to get some air and subsequently eloped. The facility's investigation documented that the resident was focused on the LPN's statement about assault and the possibility of going to jail, which led to their departure. The resident's representative reported that the resident was frantic and afraid of incarceration after the incident. Initially, the facility administrator did not consider the incident to be verbal abuse, but later acknowledged it as such after reviewing additional information. The report references state and facility policies defining verbal abuse as threatening language or statements made within hearing distance of residents.