Failure to Protect Resident from Sexual Abuse During Admission Assessment
Penalty
Summary
A newly admitted female resident with multiple medical conditions, including diabetes, chronic pain, congestive heart failure, and legal blindness, reported an incident of sexual abuse by an LPN during her admission assessment. The resident stated that during a physical assessment, the LPN lifted her top and pinched and rubbed her nipples, which made her feel extremely uncomfortable and unsafe. The resident immediately contacted her son, who arrived at the facility and took her home before the administrator could speak with her in person. The resident reported the incident to another staff member, a CNA, who assisted her in filing a complaint. The CNA documented the resident's statement and reassured her until her son arrived. The resident expressed that she felt there was no medical reason for the LPN to touch her breasts in that manner and that she could not remain at the facility after the incident. The resident also indicated that, due to her legal blindness, she was able to perceive shapes and colors but was certain about the inappropriate contact. Interviews with facility staff revealed that the LPN denied the allegations, stating he was only assessing bruising on the resident's torso and did not touch her breasts. The Assistant Director of Nursing confirmed that most of the admission assessments had already been completed and that only a final set of vital signs was needed. The administrator began an investigation into the allegation, and the LPN was suspended pending the outcome. The incident was reported to local authorities and the medical director.