Failure to Prevent Resident-to-Resident Abuse Resulting in Facial Fracture
Penalty
Summary
The deficiency involves the facility’s failure to implement measures to prevent resident-to-resident verbal and physical abuse involving a cognitively impaired, dependent resident and his roommate, who had a documented history of behavioral disturbances. Resident B had multiple diagnoses including vascular dementia with behaviors, delusional disorder, psychotic disorder with delusions, intellectual disabilities, anxiety, chronic kidney disease, and a prior traumatic subdural hemorrhage. Behavior documentation over several months showed repeated episodes of verbal aggression, physical aggression toward staff, spitting on staff, yelling aggressive words in common areas, and making outbursts about killing. The Annual MDS documented that his behaviors significantly interfered with care and activities and posed a significant risk of physical injury and disruption of the living environment, and that his behaviors had worsened since the prior assessment. Despite this history, the care plan only identified verbal behavioral symptoms not directed toward others and included an approach to separate the resident from others as needed, without updating or expanding interventions in response to escalating behaviors. Behavior notes and medication administration records showed that Resident B repeatedly yelled at his roommate on multiple occasions, with PRN lorazepam administered for agitation and anxiety, but there was no documentation of additional non-pharmacological interventions or environmental changes. On one occasion, staff documented that Resident B was standing up, hovering over his roommate while yelling; staff assisted him back to bed and gave PRN lorazepam, but did not implement further interventions, did not move him to another room, and did not report this incident up the chain of command. The Memory Care Director, DON, and Nurse Consultant later indicated they were unaware of this event, even though facility policy required staff to report new or worsening behaviors and to document and address disruptive behaviors. Subsequently, Resident B and his cognitively impaired roommate, Resident C, who had dementia, anxiety, and Alzheimer’s disease and required substantial to maximal assistance with ADLs, were involved in an unwitnessed physical altercation in their shared memory care room. Staff discovered the incident when a CNA doing rounds found Resident B with blood on his clothing and Resident C with blood around his nose and redness and discoloration to the side of his face. Facility documentation and a police report indicated that Resident C was found in bed with a bloody face, multiple bruises, and swelling to the face and mouth area, and that he was initially unable to articulate what had happened. Hospital imaging later confirmed a depressed fracture of the anterior wall of the left maxilla with associated hemorrhage. Interviews revealed that the CNA assigned to the residents had heard yelling from Resident B earlier but did not check on him, believing nurses in the hallway would respond, and that the LPN on duty heard Resident B yell but did not assess him. Key leadership staff, including the DON and Memory Care Director, confirmed they had not been informed of the earlier hovering/yelling incident, despite existing behavior and abuse policies requiring reporting and intervention when behaviors were disruptive or potentially abusive. The facility’s own policies on behavior management and abuse prevention required staff who witnessed behaviors to report them to the resident’s care staff, document them, and, when disruptive to others, temporarily separate the resident from others. Policies also required that any incident or allegation involving abuse or neglect be investigated and reported to the Administrator within specified time frames. In this case, after the documented incident of Resident B hovering over and yelling at his roommate, there was no evidence that staff escalated the concern, updated the care plan, implemented separation or other protective measures, or ensured that leadership responsible for behavior oversight was informed. This lack of action and failure to follow policy allowed a resident with known, worsening aggressive behaviors to remain in the same room with a cognitively impaired, dependent roommate, culminating in a physical altercation in which Resident C sustained facial bruising, a bloody nose, swelling, and a fractured facial bone.
Removal Plan
- Implemented a plan of correction and held a quality assurance meeting with department heads
- Inserviced all staff on the different types of abuse and reporting abuse
- Inserviced staff on the behavior management program for residents with new or worsening behaviors, including when and who to report those behaviors to
- Separated the residents and moved Resident B to a private room on a different floor
