Failure to Protect Resident From Physical Abuse by Another Resident
Penalty
Summary
The facility failed to protect a resident from physical abuse when one resident slapped another in the face following a verbal altercation. Both residents involved had dementia; the aggressor was care planned as mildly cognitively impaired with a documented history of verbal and physical aggression toward peers and staff, including striking another resident with a television remote and pushing a CNA on prior occasions. On the date of the incident, the aggressor approached the other resident, who was seated at a table in the memory care unit dining room. Witnesses reported that the seated resident tapped the aggressor on the shoulder and asked the aggressor to move away, which led to an argument. According to a CNA and an Activity Aide who witnessed the event, the seated resident then placed her hand on the aggressor’s chest in an attempt to push the aggressor away, at which point the aggressor slapped the seated resident in the face. The impact caused a minor bloody nose for the seated resident. The aggressor later stated that the other resident had “stabbed” his arm, but was unable to identify with what, and both witnesses stated they did not see the seated resident stab or hit the aggressor at any time. The seated resident, who was severely cognitively impaired, had no recollection of the incident when interviewed. The facility’s abuse policy affirms residents’ rights to be free from abuse, including physical abuse such as hitting and slapping, and the administrator substantiated that the aggressor physically abused the other resident.
