Failure to Prevent Resident-to-Resident Abuse Resulting in Fatal Hip Fracture
Penalty
Summary
The deficiency involves the facility’s failure to prevent resident-to-resident abuse, resulting in one resident pushing another resident to the floor and causing a left hip fracture that required surgery and was listed as the immediate cause of death. The resident who was pushed (R157) had severe cognitive impairment with a BIMS score of 3 and multiple diagnoses including dementia without behavioral disturbance, schizoaffective disorder, anxiety disorder, psychosis, repeated falls, weakness, unsteadiness on feet, reduced mobility, COPD, osteoporosis, heart failure, and depression. She was known to pace the unit, ask repetitive questions, display anxiety, and exhibit verbal/physical expressions related to rejection of care and delusions, as well as other behaviors such as pacing and picking at her skin. Her care plan identified her as at risk for falls related to cognitive deficits, altered safety awareness, need for ADL assistance, incontinence, and use of psychotropic and opioid medications. The resident who pushed her (R136) also had severe cognitive impairment with a BIMS score of 2–3 and extensive psychiatric and neurologic diagnoses including Alzheimer’s disease, paranoid schizophrenia, dementia with agitation, delusional disorders, depressive episodes, and severe dementia with psychotic disturbance. Her MDS and care plan documented a history of verbal and physical behaviors directed toward others, rejection of care, wandering, exit-seeking, and territoriality when others entered her room or personal space. Progress notes described that she might scream, curse, shove, kick, hit, or scratch staff providing care, and that she had been placed on a behavior tracking program for increased wandering and exit-seeking. Staff notes also documented an incident where she was kissing a relative in the dining room and became verbally upset when separated, and that she had verbal/physical behaviors related to rejection of care, with formal behavioral programming in place. On the day of the incident, R157 was walking laps on the unit, consistent with her usual pacing behavior, and walked past the doorway of R136’s room, stopping approximately 5–6 feet outside the doorway while saying something and pointing her finger. A CNA (V19) witnessed R136 come out of her room running with both arms extended and push R157 to the floor, then run back into her room laughing and shut the door. The CNA reported that R157’s head hit the floor very hard, and she was bleeding, crying in pain, and complained of severe pain everywhere. The nurse’s fall event documentation and progress note recorded that a loud noise was heard, R157 was found on the floor on her left side with painful and limited ROM in the left lower extremity, shallow skin tears to the left eyebrow and forearm, and severe pain. The fall safety event and hospital ER note both documented that another resident pushed her in an unsupervised context. Hospital records confirmed a proximal left femur fracture requiring ORIF, and the death certificate listed the acute displaced left femur intertrochanteric fracture, status post intramedullary nail insertion, with underlying dementia and contributing pulmonary edema and schizoaffective disorder, as the causes of death. Staff interviews indicated that some staff were aware that both residents had behavioral issues, though they generally described R157’s behaviors as not directed toward other residents and R136’s behaviors as primarily verbal toward staff. However, the CNA who witnessed the event stated that prior to this incident, R136 had “a few issues” at the supper table where she would put her hands on residents who annoyed her and that she was easily annoyed by other residents. Another CNA reported that R136 stayed in her room most of the time but would verbally curse or tell other residents to stay away, and staff would attempt to redirect her with snacks, TV, or diversion. The facility’s Abuse Prohibition and Reporting Policy stated that special attention would be given to identifying behaviors that increase a resident’s potential for abusing others or being a victim of abuse, including residents with a history of aggressive behaviors and those who enter other residents’ rooms. Despite documented behavioral histories and risk factors for both residents, the incident occurred when R157 was walking independently on the unit and R136 was able to leave her room and physically push R157 in the hallway, resulting in the injury and subsequent death. The facility’s internal investigation concluded that the root cause of the fall was directly linked to the actions of R136, who pushed R157, and that due to R136’s cognitive status she was unable to account for or explain her actions. The investigation noted that neither resident could provide credible details of the fall or what led up to it, and that staff who were nearby did not witness any behaviors immediately beforehand that would indicate the event would occur. The investigation also stated that R136 had no prior physical incidents since admission and that there was no sufficient evidence to suggest the actions were intentional. Nonetheless, the event met the facility’s own definition of abuse as the willful infliction of injury with resulting physical harm, pain, or mental anguish, where “willful” means the individual acted deliberately, regardless of intent to cause harm. The deficiency centers on the facility’s failure to prevent this resident-to-resident abuse, despite known behavioral risks and documented patterns of wandering, territoriality, and behavioral expressions in both residents. The Medical Director later stated that, in her opinion, the incident between the two residents was unexpected and that neither resident had displayed physical behaviors toward others, and she attributed the resident’s death to poor postoperative monitoring at the hospital. However, the death certificate and hospital documentation directly linked the acute displaced left femur fracture, caused by the push and fall, to the resident’s death. The facility’s abuse policy emphasized protecting residents from all types of abuse and giving special attention to residents with aggressive behaviors or those who enter other residents’ rooms, but the events described show that R157 was able to ambulate independently in the hallway near R136’s room and that R136 was able to exit her room and physically push her, resulting in serious injury. These facts and observations form the basis of the cited deficiency for failure to protect residents from abuse, specifically resident-to-resident abuse.
