Failure to Immediately Remove Staff After Resident Abuse Allegation
Penalty
Summary
A deficiency occurred when a certified medication technician (CMT) physically abused a resident by placing the palm of their hand over the resident's mouth and squeezing hard, resulting in a scratch on the right cheek and a circular bruise on the left cheek. The resident, who was cognitively intact and used a wheelchair, reported feeling extremely frightened during the incident. The resident had a medical history including cerebral infarction, anxiety, and depression. The incident was witnessed by other residents, and the physical injuries were observed and documented by staff. Despite the resident reporting the abuse to two staff members, the facility failed to immediately protect the resident by allowing the CMT to continue working their shift until later that evening. The facility's policy required immediate protection of suspected victims and immediate suspension or removal of employees involved in abuse allegations. However, the CMT was not suspended until the following day, after the administrator was notified and further investigation took place. Multiple interviews confirmed that the CMT remained on duty after the allegation was reported, and staff were unclear about the required procedures for handling abuse allegations. Documentation and interviews revealed that the resident's injuries were consistent with the reported abuse, and the resident expressed fear of retaliation, initially hesitating to report the incident. Staff statements indicated confusion about the appropriate response, with the administrator and director of nursing acknowledging that the CMT should have been removed from duty immediately. The delay in removing the CMT from the facility after the abuse was reported constituted a failure to protect the resident from further potential harm.