Failure to Remove LPN From Duty After Verbal Abuse Allegation
Penalty
Summary
The deficiency involves the facility’s failure to prevent potential abuse after an allegation of staff-to-resident verbal abuse. A cognitively intact resident with diagnoses including lack of coordination, Type II diabetes, and anxiety disorder reported that an LPN threatened to harm her under his breath. The resident, who required varying levels of assistance with ADLs such as eating, hygiene, toileting, and bathing, contacted both the police and the Administrator to report the alleged verbal abuse. A police report documented that the resident called law enforcement in the evening and officers arrived later that night. The facility’s self-reported incident and subsequent investigation materials showed that the Administrator spoke with the resident, the LPN, and the responding police officer on the date of the allegation. Despite the allegation and the facility policy requiring prevention of further potential abuse while an investigation is in process, the LPN remained on duty and completed his shift on another floor. Timecard records confirmed the LPN worked through the night and clocked out the following morning. The Administrator acknowledged that the LPN was not immediately removed from duty after the allegation because she did not feel he was a threat, which was inconsistent with the written policy stating the facility shall prevent further potential abuse while the investigation is ongoing.
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