Failure to Remove Alleged Abusive Respiratory Therapist From Resident Care
Penalty
Summary
The deficiency involves the facility’s failure to ensure resident safety by immediately removing an employee from patient care following an allegation of abuse or intimidation. A contracted respiratory therapist was alleged to have intimidated a resident by stating, in the presence of multiple staff, "I tell you like I tell all my patients, if you hit me, I hit back." A GNA reported that the resident was agitated and raising hands in a blocking manner, not attempting to hit the therapist, and that the therapist had been loud and agitated throughout the day. The GNA was upset by the incident and believed the nurse had reported the therapist. After the GNA left the room and was in the hall, she heard a loud “smack” sound; when the nurse exited the room, the GNA asked if the therapist had hit the resident, and the nurse responded that he had not, but had “clapped at [resident] ears.” The LPN caring for the resident recalled discussing the situation with the GNA and stated that both were uncomfortable but felt “stuck” because the therapist was the only respiratory therapist available on a ventilator unit. The LPN acknowledged familiarity with the abuse policy and that the therapist should have been removed from patient care but did not do so. According to interview statements, the unit manager documented first being notified of concerns about the therapist at 6:28 PM, which differed from the LPN’s account of earlier notification, and the DON was not notified of the concerns until a later date. The facility’s failure to immediately remove the therapist from resident care upon the allegation of abuse/intimidation and the delay in reporting up the chain of command led to the cited deficiency.
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