Failure to Investigate Alleged Neglect and New Facial Bruising
Summary
The facility failed to ensure that an allegation of neglect involving a resident with a recent fall and new bruising to the left eye was thoroughly investigated and that abuse or neglect was ruled out while the matter was in progress. The resident was a male admitted on 11/26/25 with a BIMS score of 12, indicating moderate cognitive impairment. His care plan identified him as at risk for falls and injuries, and his medical history included idiopathic pulmonary fibrosis, chronic respiratory failure, and liver cirrhosis. He had an unwitnessed fall on 01/02/26 and was placed on neurological checks, which were completed without issues identified. Progress notes showed that on 01/05/26, nursing staff documented bruising to the resident’s left eye. One nurse noted the resident said the bruise was from a previous fall, while another documented that the resident and family discussed the bruising and that the resident stated he had rolled out of bed during the night. The record did not include documentation of the alleged second fall or the bruising until these notes were entered, and there was no incident report related to the resident’s allegation that he fell during the night, hit his head on the nightstand, and returned to bed. The resident was observed with dark purple bruising around the left eye during the surveyor’s observation, and the family stated the bruise was not present when they visited earlier in the weekend. Interviews showed that staff were aware of the bruising and believed it was related to the earlier fall, but the allegation of a second fall and possible head injury was not documented as an incident or investigated as an allegation of neglect or injury of unknown origin. The LVN who first noted the bruise stated he informed the family and physician about the earlier fall and believed the bruise was related to that event. The other LVN stated the new bruise was a change of condition and that the physician, DON, and Administrator were to be notified when staff became aware. The DON stated changes in condition were to be investigated to confirm what happened and to confirm there was no abuse, and the Administrator stated staff were expected to notify her so the facility could investigate and ensure resident safety. Facility policy required timely investigation of alleged abuse, neglect, mistreatment, injuries of unknown origin, or accidents, including gathering evidence, interviewing witnesses, reviewing records, and examining relevant documentation.
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