Failure to Protect Resident from Physical Abuse by Another Resident
Penalty
Summary
The facility failed to protect a resident from physical abuse by another resident. According to the report, both residents involved had diagnoses of dementia and cognitive impairment, with BIMS scores indicating they were unable to answer questions to determine their cognitive functional level. Despite these impairments, regulations clarify that cognitive impairment does not preclude a resident from engaging in deliberate actions. On the date of the incident, a Licensed Nursing Assistant (LNA) witnessed one resident standing over another resident's bed. When questioned, the first resident turned and struck the second resident on the forehead with a closed fist. The resident who was struck was unable to communicate their needs. The incident was immediately witnessed and reported by the LNA, and the facility's investigation confirmed the occurrence of physical abuse. The Director of Nursing (DON) acknowledged that the facility did not ensure the resident's right to be free from physical abuse, as required by regulation. The report specifically notes that the abuse was verified and that the facility failed in its responsibility to protect the resident from harm.