Failure to Prevent Resident-to-Resident Physical Abuse Resulting in Injury
Penalty
Summary
The facility failed to prevent resident-to-resident physical abuse, resulting in one resident sustaining a fractured nose after being struck by his roommate. Both residents involved had significant medical and psychiatric histories, including paranoid schizophrenia, mild intellectual disability, bipolar disorder, diabetes, seizures, and depression. The incident occurred following a disagreement over the room's thermostat settings, escalating to physical violence when one resident punched the other on the bridge of the nose. The injured resident required hospital transfer and was diagnosed with a closed nasal fracture. Staff interviews and facility records confirmed that the altercation was witnessed shortly after it occurred, with blood observed on the injured resident and both residents providing statements about the argument and subsequent physical contact. The facility's abuse prevention policy affirms residents' rights to be free from abuse, defining physical abuse as the infliction of injury requiring medical attention. Despite this policy, the facility did not prevent the altercation, resulting in harm to a resident.