Failure to Protect Resident From Verbal Abuse by X‑Ray Vendor
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from verbal abuse by an outside x‑ray technician. The resident had a history of major depressive disorder and traumatic brain injury and was cognitively intact per a recent MDS assessment. The resident had an order for an x‑ray, and the contracted x‑ray technician entered the resident’s room to perform the procedure. During the encounter, the technician and the resident engaged in a heated verbal exchange that escalated beyond a simple disagreement. According to the facility’s own incident investigation and multiple staff interviews, the technician used profanity toward the resident, stood over the resident, and engaged in an aggressive, confrontational manner. The resident reported that the technician got in his face, threatened him with a closed fist, and used profanity. Nursing staff documented hearing the resident yell for help and, upon entering the room, observed a verbal altercation in progress. Staff reported that the technician told the resident he did not care who the resident told, that he was going to finish his “f*cking job,” and that he antagonized the resident by challenging him to get out of bed and try to hit him, while continuing to yell and curse. Additional staff corroborated that the technician spoke aggressively and disrespectfully, made statements such as “this is why you’re in here” and “I wish you could get up and hit me,” and that the resident asked staff to remove the technician from his room because he felt threatened and disrespected. The technician himself acknowledged that the interaction became extremely heated, that cursing went back and forth, and that he warned the resident to watch his mouth or he would leave, while continuing to perform the x‑ray. The facility’s investigation substantiated that the incident occurred and that there was yelling and words exchanged between the resident and the technician, but the facility concluded it could not substantiate that verbal abuse occurred, despite the consistent staff accounts of aggressive, profane, and threatening behavior toward the resident by the vendor.
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