Failure to Protect Resident From Verbal Abuse by Family Visitor
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident’s right to be free from abuse by not preventing or adequately safeguarding against verbal abuse from a family member during a visit. The resident was admitted with diagnoses including a right fibula fracture, Type 2 DM, opioid dependence, mood disturbance, anxiety, and a need for assistance with personal care, and had an admission MDS BIMS score of 13, indicating intact cognition, with no behavioral symptoms toward others noted. On the evening of January 22, 2026, staff became aware of loud yelling in the hallway that was traced to the resident’s room, where the resident and his son were engaged in a verbal argument about bills. A CNA reported hearing raised voices but no profanity, and the incident reportedly lasted less than five minutes. The resident later stated that the son became verbally abusive during the visit. The facility’s own documentation, including an incident note and a Facility Reported Incident submitted on January 27, 2026, confirmed that the son was verbally aggressive and verbally abusive toward the resident. The DON and ED both stated that the facility substantiated the allegation of verbal abuse between the visitor and the resident. Facility policies in place at the time, including “Protection of Resident’s During abuse Investigations,” directed staff not to allow unsupervised visits with a resident if the alleged perpetrator is a family member or visitor, and the “Trauma Informed Care” policy required identification of history of trauma or interpersonal violence as part of the comprehensive assessment when possible. Despite these policies, the resident experienced verbal abuse from his son during an unsupervised visit, leading to the cited deficiency for failure to protect the resident from abuse.
