Failure to Protect Resident From Physical Abuse by Contracted Lab Technician
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from physical abuse by a contracted laboratory technician. The resident had diagnoses including disorganized schizophrenia, dementia, a history of traumatic brain injury, and mild cognitive impairment, and was documented as rarely understood with moderately impaired cognition. The resident’s care plan identified a focus on potential for abuse, neglect, and/or exploitation related to vulnerable adult status, with interventions directing staff to follow the Vulnerable Adult (VA) policy to keep the resident free from exploitation, abuse, and/or neglect. A general condition note documented that the resident was hit at 2:00 p.m. by an external vendor, resulting in slight redness to the left cheek. Video footage from the date of the incident showed the resident sitting in a wheelchair by the elevator doors with several other residents and staff in the area. A tall male, identified by the DON as a contracted laboratory technician, approached the elevator, motioned for the resident to move back, and then stepped forward and slapped the resident’s face with an open right hand. The technician later stated he slapped the resident because the resident said something derogatory about his mother and that he would slap anyone who did so. The DON stated that a slap on the face is considered abuse and acknowledged that facility staff did not supervise laboratory technicians and that residents were supposed to be protected from abuse by contracted staff through VA abuse prevention training. The DON and administrator both stated that the facility did not provide or verify VA abuse prevention training for contracted laboratory staff, and the VA Abuse Prevention policy did not address VA abuse prevention education for contracted staff.
