Failure to Protect Resident from Verbal Threat of Physical Abuse by LPN
Penalty
Summary
A resident with a diagnosis of adjustment disorder with anxiety and a history of behavioral challenges, including cursing, shouting, and difficulty with redirection, was involved in a verbal altercation with an LPN. The incident began when the LPN entered the resident's room to administer medications, waking the resident, who then became upset after perceiving the LPN's actions as aggressive and possibly hearing a derogatory remark. The resident followed the LPN into the hallway, picked up a wet floor sign, and threatened the LPN, escalating the situation. In response, the LPN picked up a water pitcher from the medication cart and verbally threatened to strike the resident if he approached any closer. This exchange was witnessed by another LPN, who intervened by escorting the resident back to his room and providing emotional support. The resident reported the incident immediately and expressed that he felt better after being allowed to vent, though he initially refused further contact with the nurse involved. The facility's internal investigation confirmed that the LPN had verbally threatened the resident, constituting verbal abuse as defined by facility policy. The incident was reported to the state agency, and statements from the involved parties corroborated the sequence of events, including the LPN's admission to making the threat. The resident was cognitively intact at the time of the incident and later reported feeling safe in the facility.