Failure to Prevent Resident-to-Resident Abuse Resulting in Harm, Injury, and Death
Penalty
Summary
The facility failed to protect residents from resident-to-resident abuse, resulting in multiple incidents of actual harm, serious injury, and death. In one case, a resident with severe cognitive impairment and a history of major depressive disorder was physically assaulted by their roommate, who had recently been admitted with a history of aggressive and paranoid behavior. The facility did not conduct effective monitoring or develop a baseline care plan for the new admission to identify and address potential aggressive behavior. There was no documented psychiatric consult or evidence of a completed psychotherapy evaluation, and staff failed to implement appropriate interventions despite the resident's recent psychiatric emergency department stay and medication orders for behavioral health issues. The assault resulted in the resident being found bleeding from the head and subsequently dying after hospital transfer. Another incident involved a resident with moderately impaired cognition and a history of wandering behavior who entered another resident's room and was struck with a cane, resulting in an acute right hip fracture. The care plan for the wandering resident did not include specific interventions for monitoring or preventing such behavior, and documentation of staff rounds was inconsistent or lacking. Staff interviews revealed that rounds were conducted but not always documented, and there was no clear system for monitoring or intervening in resident wandering or aggression, despite known behavioral risks. A third incident occurred when a resident with severe cognitive impairment was struck in the face with a walker by another resident who also had severe cognitive impairment and a history of wandering and combative behavior. The care plans for both residents lacked detailed interventions for monitoring or preventing aggressive or intrusive behaviors. Staff and supervisory interviews indicated that responsibility for monitoring residents was not clearly defined or consistently implemented, and there was insufficient documentation of behavioral monitoring and interventions. These failures resulted in immediate jeopardy to resident health and safety.
Removal Plan
- Policy and Procedure on Abuse, Mistreatment and Neglect was reviewed with no revision.
- An Audit was done. The Director of Nursing and Assistant Director of Nursing assessed 70 residents on the third floor with no injuries or signs of abuse. No additional concerns were identified.
- Facility admission policy was revised.
- The facility developed a policy titled Resident Rounding-Nursing. It is the policy for all nursing staff that states they are responsible for completing regular rounds of their assigned areas and the facility's common areas, at the start of their shift, twice during the shift, and at the end of their shift, to monitor resident well-being, maintain a safe environment, and respond promptly to resident needs.
- The facility policy titled Nursing/Rehabilitation/Maintenance was reviewed/revised to include storage for equipment (including wheelchair/footrests) not being used.
- Facility-wide inspection was conducted by the therapy department to assess durable medical equipment in residents' rooms that could present a potential safety hazard. Concerns will be addressed accordingly to ensure safety.
- Three Hundred and Fifty-Eight resident wheelchairs were checked for potential safety hazards. No concerns were found.
- In-service conducted on Rounding, Call Bells, and Daily Tasks. Lesson plan and sign-in sheets were reviewed/confirmed for staff in-service conducted on Rounding, Call Bells, and Daily Tasks.
- An Audit done of all new residents admitted within the 30 days prior to the date of the incident was reviewed by the Regional Nurse/Designee to determine if there were any documented or known behavioral concerns with an adjunct target behavior care plan with individualized monitoring in place. Three residents were admitted on psychoactive medications with physical aggression, anxiety and mood changes. Behavior care plans were developed.
- Facility policy on Behavioral Health and Dementia was revised to include that the facility will ensure a designated behavior health monitor will be assigned each shift to observe for residents having behaviors such as combative, aggressive impulsive and or assaultive behaviors. Any behaviors negatively affecting others will be documented on the behavioral monitoring log including interventions attempted. All behaviors will be reported to the Registered Nurse for follow up including documentation and notification to physician and psychiatry as needed. The Registered Nurse Supervisor will review and sign the behavior monitoring log each shift.
- Staff members received in-service on resident-to-resident abuse/prevention.
- The facility completed in-service of all admission staff on changes to the admission policy, including a need to conduct a thorough review of the Patient Review Instrument prior to acceptance of the hospital referral.
- Facility staff members including Registered Nurses, Licensed Practical Nurses, and Certified Nursing Assistants were interviewed and stated they received in-service on documentation, reporting of resident's behavior, equipment storage including wheelchair footrests, resident to resident abuse prevention and call bell with no concerns identified.
- The remainder of the staff who did not receive in-services will be in-serviced prior to starting their duties. Staff on vacation or off duty will be in-serviced before going to the unit.