Failure to Protect Resident from Sexual Abuse by Another Resident
Penalty
Summary
A deficiency occurred when a resident with severe cognitive impairment entered another resident's room multiple times in the early morning hours. The resident who was cognitively intact and at moderate risk for abuse/neglect reported that the other resident made inappropriate sexual comments and engaged in unwanted physical contact by placing a hand under the blanket and touching the resident's leg. The incident escalated to the point where the resident screamed for help, prompting a Certified Nursing Assistant (CNA) to intervene and remove the offending resident from the room. Interviews and record reviews confirmed that the resident who was subjected to the inappropriate behavior felt helpless due to limited mobility and inability to protect herself. Staff accounts corroborated the sequence of events, including the CNA's observation of the resident's hand under the blanket and immediate removal of the resident from the room. The facility's abuse prevention policy prohibits such conduct, yet the incident demonstrated a failure to protect the resident from inappropriate touching and sexual comments by another resident.