Failure to Protect Resident From Physical Abuse by Another Resident
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident’s right to be free from physical abuse when one resident struck another. Resident 89, who had intact memory and a history of orthopedic issues and aftercare following a surgical amputation, reported that while standing at the doorway of Resident 35’s room and talking with Resident 35, Resident 61 walked straight toward him and slapped his right hand. Resident 89 stated that Resident 61 was angry and verbally threatened to hurt him and “kick [his] butt.” A progress note documented that a CNA present at the time reported Resident 89 extended his hand outward in front of him as Resident 61 was walking down the hallway toward him, and that Resident 61 made contact with and hit Resident 89’s right hand. Resident 61’s record showed diagnoses of cerebral infarction and vascular dementia with behavioral disturbance, and an MDS indicating severe memory problems. Resident 35, who had intact memory and a diagnosis of central cord syndrome at the C4 level, corroborated the incident, stating he witnessed Resident 61 raise his right hand and slap Resident 89’s right hand while angrily yelling that he was going to hurt him and kick his butt. A signed note by CNA 6 further indicated that Resident 89 stretched out his hands and told Resident 61 to go back, after which Resident 61 became angry, started cursing, and hit Resident 89. The Administrator confirmed that residents have the right to be free from any form of abuse, and the facility’s Resident Rights policy stated residents must be free from abuse, neglect, misappropriation, exploitation, corporal punishment, involuntary seclusion, and retaliation.
We Help Long-Term Care Teams Stay Survey-Ready
We process and analyze inspection reports and plan of correction using AI to extract insights and trends so providers can improve care quality and stay ahead of compliance risks.