Failure to Protect Resident from Staff-to-Resident Abuse and Delay in Restricting Perpetrator Access
Penalty
Summary
A deficiency occurred when a licensed nurse engaged in staff-to-resident abuse involving a resident with severe cognitive impairment, traumatic brain injury, and a history of aggressive behaviors. The incident began when the resident exhibited escalating combative and aggressive behaviors, including grabbing the nurse's genitals and using obscene language. In response, the nurse yelled at the resident, grabbed his arm, threatened physical harm, and stated he would lock the resident in his room. The nurse further reported using a restraint technique involving grabbing the resident around the neck, which he described as a 'scare tactic.' A certified nurse aide witnessed the abuse but failed to report the incident to administrative staff until the following day. During this time, the nurse continued to have unrestricted access to the resident and other residents on the locked memory care unit. The facility did not immediately remove the nurse from resident care or restrict his access to vulnerable residents following the incident, contrary to facility policy and expectations for immediate response to allegations of abuse. The resident involved had a documented history of severe cognitive impairment, behavioral disturbances, and required specific interventions for agitation and aggression. Despite these known risk factors and care plan instructions for de-escalation, the nurse's actions escalated the situation and resulted in physical and verbal abuse. The facility's failure to act promptly to protect the resident and others from further potential abuse constituted a significant deficiency.
Removal Plan
- The Social Service Director/Designee interviewed all current in-house residents who were alert and oriented with an assessed BIMS score of 12 or higher to determine if they had experienced or witnessed misappropriation.
- The Regional Director of Clinical Services educated the Director of Nursing and the Executive Director on the incident of reportable event management and record review.
- The Director of Nursing/Designee reviewed behavior notes, progress notes, psychosocial notes, health status notes, event notes, and plan of care for all residents in the prior 14 days to audit for potential abuse-related events not previously investigated.
- The Director of Nursing/Designee initiated staff education on reporting of suspected Abuse, Neglect, and Exploitation, including misappropriation. Nursing Staff employees would have education provided prior to their next scheduled shift.
- The Director of Nursing/Designee initiated staff education on incident and reporting event management for interdisciplinary team (IDT), including Executive Director, Director of Nursing, Assistant Director of Nursing, Director of Rehabilitation, Social Service Director, Business Office Manager, Health Information Management, Activity Director, Dietary Manager, Infection Prevention, MDS Coordinator, and Admission. IDT would have education provided prior to working their next scheduled shift.
- The Director of Nursing/Designee would randomly ask five staff members what to do if Abuse, Neglect, or Exploitation (ANE), including injuries of unknown origin, was suspected five times weekly for four weeks, three times weekly for four weeks, and then randomly thereafter.
- The results of the above audits would be submitted to Quality Assurance and Performance Improvement (QAPI) Committee for further review and/or action, as well as any trends identified.