Inadequate supervision of residents with sexual behaviors and improper transfer causing injury
Summary
The facility failed to provide adequate supervision related to residents’ sexual behaviors on the memory care unit. Resident #48 had diagnoses including major depressive disorder and dementia with behavioral disturbance and a BIMS score of 3, indicating severe cognitive impairment. Resident #73 also had dementia, major depressive disorder, generalized anxiety disorder, and a BIMS score of 3. The record shows repeated incidents in which the two residents were found naked together in bed, kissing, or fondling one another in each other’s rooms. Staff separated the residents after each event, and the facility initiated 15-minute checks and later one-on-one supervision, but the residents continued to be found together during subsequent rounds. The facility’s own incident reporting and staff interviews showed that the supervision in place was not maintained. After the first incident, 15-minute checks were started, and after the second incident one-on-one supervision was implemented. However, on a later occasion, while staff were occupied with cleaning up Resident #73’s roommate after the roommate had died, the staff member assigned to stay with Resident #73 also left to help, leaving Resident #73 unattended. During that time, Resident #73 went into Resident #48’s room and both residents were found lying in bed naked and fondling each other. The Administrator stated that if one-on-one supervision had been completed as intended, the residents would not have been able to get into bed together. The facility also failed to ensure a proper transfer for Resident #28, who had hemiplegia and hemiparesis following cerebral infarction, COPD, hypertensive CKD, CHF, moderate cognitive impairment, and required substantial assistance with transfers. Resident #28 reported that while being transferred from a wheelchair to a recliner, staff did not lift her all the way and she hit her side on the wheelchair. Bruising was observed from the right lateral chest to the right hip and groin, and the resident was on Eliquis. A CNA confirmed she continued the transfer even though the resident was not able to stand fully and did not ask for assistance when she noticed the resident was not standing up fully. The facility’s investigation identified the transfer as improper, and the witness statement and root cause analysis confirmed the event.
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