Failure to Protect Resident from Physical Abuse by Another Resident
Penalty
Summary
A deficiency occurred when the facility failed to protect a resident from abuse by another resident. The incident involved a cognitively intact resident with multiple diagnoses, including schizoaffective disorder and chronic obstructive pulmonary disease, who was slapped in the face by another resident during an altercation on the patio over a cigarette. Multiple witness statements, including those from another resident and an LPN, confirmed that the altercation took place, with the aggressor asking for a light, being refused, and then slapping the other resident and taking her cigarette. The resident who was struck became agitated when questioned and refused to provide a statement to police or press charges, but documentation and witness accounts consistently described the physical abuse. The facility's records, including progress notes and incident reports, documented the altercation and the subsequent investigation. The abuse prevention policy in place affirms residents' rights to be free from abuse, including physical abuse such as hitting or slapping. Despite this policy, the facility did not prevent the incident, and the resident was subjected to physical abuse by another resident. The incident was reported, and the aggressor was removed from the area and placed on 1:1 monitoring, but the deficiency centers on the failure to ensure the resident's right to be free from abuse.