Failure to Protect Residents from Resident-to-Resident Abuse
Summary
The facility failed to protect residents from resident-to-resident physical and verbal abuse. The deficiency involved two residents, with one resident verbally threatening another resident on separate occasions and later physically assaulting that resident. The assaulted resident reported feeling safe only after the other resident was no longer present. The resident who was assaulted had a BIMS score of 13/15 and diagnoses including bipolar disorder and chronic pain; after the assault, the resident sustained a head laceration, multiple contusions, and a closed fracture of the nasal bone. On one occasion, the assaulted resident reported that the other resident approached her near the nurse’s station, used abusive language, and made threatening statements. A staff member who witnessed part of the interaction described tension between the two residents, stated that the aggressive resident was close to the other resident with a cane, and said the resident was threatening her. Another staff member reported that the aggressive resident had previously been verbally aggressive and had said he had a stick for a reason and could use it as a weapon. A receptionist also stated that the aggressive resident got in the resident’s face and that code grey was called for the escalating situation. On the day of the physical assault, the assaulted resident stated that the other resident threatened to beat and kill her, followed her into the building, and later entered her room with a shortened cane. The resident reported being struck multiple times with the cane while trying to protect herself and screaming for help. A nurse stated that she saw the aggressive resident walking toward the resident’s room, entered the room, and separated the residents after hearing the resident yell for help. The assaulted resident was bleeding from the head and was transferred for evaluation. Records also show the aggressive resident had prior altercation documentation and later nursing notes describing him as restless, pacing, and verbally and physically aggressive with threatening behaviors. The facility’s social services director and administrator acknowledged that verbal threats could constitute abuse and that a resident threatening another resident to beat them up would be reportable.
Penalty
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