Failure to Protect Resident from Employee-to-Resident Abuse
Penalty
Summary
The facility failed to protect a resident from employee-to-resident abuse, resulting in the resident sustaining redness, mild swelling, and facial bruising. The incident began when a Certified Nurse Aide (CNA) entered the resident's room without knocking or announcing herself, which upset the resident. The CNA retrieved the resident's urinal jug for the roommate, further agitating the resident, who then threw coffee at the CNA. In response, the CNA became aggressive, threw items in the room, and struck the resident in the face with a closed fist. The resident sustained visible injuries, including scratches and a bruise under the right eye, as confirmed by staff observations, police, and hospital records. The resident, who was alert and oriented with a BIMS score of 15, refused a full body assessment but was observed with new facial injuries not present during the previous shift. The incident was witnessed by staff who responded to the CNA's call for help and observed both the coffee stain on the CNA and the resident's injuries. The police and emergency medical services were called, and the resident was transported to the hospital for evaluation. Documentation from nursing progress notes, police, and hospital records corroborated the sequence of events and the resulting injuries.