Failure to Protect Resident from Verbal Abuse by Visitor
Penalty
Summary
A resident with severe cognitive impairment, dementia, and impaired mobility was subjected to verbal abuse by a visitor. The facility's policy requires that residents be protected from abuse by anyone, including visitors, and specifies immediate removal of the alleged perpetrator from contact with residents pending investigation. On the day of the incident, a visitor was observed by staff and another resident's family member verbally abusing the resident, including yelling derogatory statements such as calling the resident a child, idiot, and using profane language. Multiple staff members, including an LPN and a CNA, witnessed the visitor in close proximity to the resident, loudly shouting insults and profanities. The resident, who has documented communication problems and requires staff assistance for activities of daily living, appeared confused and unsure of the situation during the incident. The facility's records confirm that the verbal altercation occurred and that the resident was the victim of verbal abuse by the visitor. The incident was reported to the state agency, and the facility's Director of Nursing and Regional Nurse Consultant both confirmed the occurrence of the abuse. The report does not detail any immediate removal of the visitor at the time of the incident, nor does it mention timely notification of law enforcement as outlined in the facility's policy.