Failure to Protect Resident From Sexual Abuse by LPN
Penalty
Summary
The facility failed to protect a resident from sexual abuse by a staff member. A cognitively intact resident with COPD, vascular dementia, and major depressive disorder, who required setup or cleanup assistance for mobility and transfers, reported that an LPN sent him pictures of her exposed breasts and allowed him to have sexual contact with her breasts. The resident stated that the LPN also touched his genitals on at least one occasion, though he could not recall the date. The resident reported that the LPN videotaped him sucking on her breasts using his personal cell phone, and he later showed a portion of this video to surveyors, which clearly depicted the LPN’s face and exposed breasts. The DON and Administrator viewed a video on the resident’s phone showing approximately 45 seconds of sexual contact between the resident and the LPN, with both clearly visible. The facility’s self-reported incident documentation and subsequent investigation concluded that the allegation of sexual abuse by the LPN toward the resident was substantiated. Law enforcement became involved, and detectives confirmed that the LPN confessed to having sexual contact with the resident and that they were pursuing a sexual battery charge. These events occurred despite a facility policy stating that residents have the right to be free from abuse, including sexual abuse.
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