Failure to Protect a Resident From Verbal Abuse by Another Resident in the Dining Room
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from resident-to-resident verbal and emotional abuse in the dining room. One resident (R16), who had documented behavioral issues including aggression and inappropriate yelling or arguing with others, verbally targeted another resident (R17) during a meal. R16 had diagnoses of undifferentiated schizophrenia and bipolar disorder and was receiving risperidone; his MDS BIMS score was 15/15, indicating no cognitive impairment. R17 had diagnoses of unspecified depression and unspecified psychosis and was receiving sertraline and aripiprazole; his BIMS score was 14/15, also indicating no cognitive impairment. On the date of the incident, multiple witness statements described a verbal exchange in the dining room. Dietary staff reported that R17 was in the dining room joking and laughing with staff when R16 suddenly yelled, “Shut the (F-expletive) up,” and repeatedly used the F-word while looking at R17. One dietary assistant stated she initially assumed the yelling was directed at R17 and told R16 that the dining room was everyone’s home. Another dietary assistant and the cook both confirmed that R16’s profanity was directed at R17, that the dining room was about half full at the time, and that R17 became upset and left the dining room crying shortly afterward. Other residents (R7 and R14) also reported overhearing R16 yelling “pretty bad words” and “cussing up a blue streak” at R17 in the dining room, which they felt was uncalled for. R17 later stated that he cried and returned to his room when R16 would not stop cussing at him, explaining that he had depression and that being yelled at with profanities was overwhelming. During a subsequent interview, R17 became tearful while recounting the event. In a later interview, R16 admitted that he “put (R17) in his place,” acknowledged yelling harsh words because he thought R17 was laughing at him, and confirmed that R17 later came to him crying and asking if they were still friends. The facility’s own policy on Resident Right to Freedom from Abuse, Neglect and Exploitation defines verbal and mentally abusive behaviors, requires associates not to use verbal or mental abuse, and directs the facility to review resident-to-resident altercations as potential abuse situations. Despite this, the incident as described shows that R17 was subjected to witnessed resident-to-resident verbal and emotional abuse in the dining room. The facility’s care plan for R16 documented a known pattern of aggressive behaviors toward other residents, including yelling or arguing inappropriately and sometimes following others while continuing to be rude or inappropriate. Interventions in the care plan required staff to intervene when R16 exhibited behaviors toward other residents, ensure everyone’s safety, and monitor all inappropriate behaviors, including type, time, provocation, staff present, and resolution. Nonetheless, on the day of the incident, R16’s verbally aggressive behavior toward R17 occurred in a public dining setting, was witnessed by staff and residents, and resulted in R17 becoming emotionally distressed and leaving the dining room in tears. This sequence of events demonstrates that the facility did not ensure that R17 was free from resident-to-resident emotional and verbal abuse as required by its own policy and resident rights. Additionally, the Administrator/Abuse Prevention designee acknowledged during interview that the investigation of the allegation that R16 verbally abused R17 in the dining room had not yet been fully processed or scanned, even though the incident had occurred earlier. The facility’s policy states that when abuse is identified, the facility will take appropriate steps to remediate noncompliance and protect residents from additional abuse, including reviewing resident-to-resident altercations as potential abuse. The documented witness accounts, resident interviews, and R16’s own admission collectively establish that a resident-to-resident verbal abuse incident occurred and that the facility failed to ensure R17’s right to be free from such abuse.
