Failure to Prevent Resident-to-Resident Assault by Known Aggressive Resident
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from abuse when one cognitively impaired resident physically assaulted another with a plastic trash can, causing a scalp laceration that required three staples and a brief hospitalization. The aggressor was a 70-year-old man with dementia, schizophrenia, and Parkinson’s disease, who had a BIMS score of 7 indicating severe cognitive impairment. His care plan documented a history of inappropriate and physically aggressive behaviors, including a prior incident on 12/13/25 in which he allegedly kicked and punched another resident who had entered his room. Staff interviews and a psychiatric NP evaluation described him as withdrawn, territorial about his room, paranoid when others entered his space, and prone to aggression when other residents came near or into his room. The assaulted resident had severe cognitive impairment with a BIMS score of 0 and diagnoses including altered mental status, acute kidney failure, and thrombocytopenia. He resided on the secure unit due to elopement risk, need for reduced stimuli, and wandering. On the date of the incident, a CNA reported hearing commotion in the hall and then observing the aggressor holding a plastic trash can over the other resident’s head and hitting him multiple times. The CNA separated the residents, after which the aggressor returned to his room and closed the door, and the injured resident was escorted to the lobby. Hospital records documented a scalp contusion and laceration with three staples placed. Multiple staff and the psych NP reported that the aggressor routinely became upset or aggressive when other residents approached or entered his room, and that the injured resident frequently came to or attempted to enter that room, sometimes using the door to propel his wheelchair. Staff stated it was “normal” for the aggressor to get aggressive when residents wandered into his room, that he would push residents out, and that other residents were not cognitively able to recognize the threat of going near his doorway. The social worker and DON acknowledged that the aggressor’s need for personal space and his paranoid schizophrenia had led to repeated altercations and that these behaviors and triggers were not adequately addressed or updated in his care plan. The secure unit housed wandering residents, and staff reported trying to redirect residents away from the aggressor’s room but also stated that residents had a right to move about the unit. The facility’s own secured unit policy required individualized, person-centered care based on residents’ needs and behaviors, but interviews revealed gaps in dementia and mental health training and a lack of specific, implemented interventions to prevent resident-to-resident altercations related to the aggressor’s territorial behavior. The facility had placed the aggressor on the secured unit based on a physician’s order citing elopement risk, yet the only documented elopement risk assessment showed no verbal expressions of wanting to leave and no history of elopement. The social worker and the aggressor’s responsible party both indicated they did not view him as an elopement risk and instead emphasized his paranoid schizophrenia, history of theft at a prior facility, and desire to stay in his room to protect his belongings. Staff interviews showed uncertainty about why he was on the secure unit and highlighted that his primary issue was aggression when others approached his space. Despite known prior incidents and staff awareness that residents frequently wandered and forgot to avoid his door, the care plan and unit practices did not sufficiently address these known triggers, contributing to the resident-to-resident assault that resulted in injury. The interim administrator and DON acknowledged that interventions specific to the aggressor’s behaviors and triggers, such as measures to keep other residents from approaching his door, had been discussed but not implemented or incorporated into the care plan. Staff also reported that while there had been general in-services on resident-to-resident abuse, there was no specific training on managing this resident’s behaviors. The secured unit policy emphasized gathering history, preferences, and routines to tailor care, yet interviews and record reviews showed that the aggressor’s territoriality, paranoia, and history of altercations were not effectively translated into concrete, consistently applied interventions. This lack of effective, individualized behavioral management and environmental controls allowed a known pattern of aggression to culminate in the physical assault and injury of another resident.
