Failure to Protect Residents from Physical and Sexual Abuse
Summary
The facility failed to protect residents from abuse involving resident-to-resident physical aggression and resident-to-resident sexual abuse. One cognitively impaired resident with diagnoses including unspecified dementia, mild cognitive impairment, and unsteadiness on feet was repeatedly observed intrusively wandering into another resident’s room. The other resident, who had diagnoses including vascular dementia, delusional disorder, and generalized anxiety disorder, had a history of psychosis, delusional thinking, and aggressive behaviors, including being upset when peers entered her room. The records for both residents lacked documentation of the known targeting, the repeated room intrusions, and interventions to prevent harm between them. On 11/20/25, the wandering resident entered the doorway of the other resident’s room and was pushed with open hands and extended arms, causing her to lose balance and fall into a handrail. She sustained a deep upper lip laceration, nosebleed, skin tears to the left hand, and was later found at the hospital to have a nasal fracture and fractures of the 6th, 7th, and 8th ribs. After returning from the hospital, she declined from walking independently to requiring staff assistance for transfers and ambulation in a wheelchair. Survey observations also found both residents left alone in common areas without staff supervision, and staff interviews confirmed that the aggressive resident had a known history of not wanting the other resident in her room, while the wandering resident frequently intrusively entered other residents’ rooms. The facility also failed to prevent resident-to-resident sexual abuse involving a cognitively impaired male resident and a cognitively impaired female resident. The male resident entered the female resident’s room, removed her pants and briefs, and began masturbating while touching her. The female resident had a history of sexual trauma, was moderately cognitively impaired, and after the incident was documented to have increased anxiety, reduced engagement, and a departure from her previously consistently happy demeanor. Records for both residents lacked documentation of adequate follow-up, behavior monitoring, care plan revisions, and interventions tied to the prior inappropriate room entry, the sexual assault, and the residents’ behaviors leading up to the incident.
Penalty
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