Failure to Investigate and Report Alleged Staff-to-Resident Abuse
Summary
The facility’s LNHA failed to ensure staff implemented the abuse policies and procedures for allegations of staff-to-resident verbal abuse involving Resident #11, including failing to protect the resident from the alleged perpetrator pending a thorough investigation. Resident #11 told the surveyor that an LPN was nasty to them and allegedly said that if the resident kept ringing the call bell, she was going to light the resident on fire. The resident also reported being called an ugly cripple and being told, "Watch your mouth, you [expletive redacted] piece of shit." The resident was described by staff and the MD as difficult and boisterous, and the resident had a care plan for fabrication, but the resident was also described by the MD as awake, alert, and knowing what was going on. The LNHA acknowledged that he did not complete a full investigation for the verbal abuse allegation involving two LPNs. He stated that he obtained statements from the involved nurses, but he did not obtain witness statements from residents or other staff who may have observed the event, and he did not get a written statement from the resident. He also stated that he did not report the allegation to NJDOH because he did not think it was a nature of abuse and because he could not substantiate what the resident said. The DON stated she was aware of the resident’s allegations and that the LNHA had done the investigations, but she also indicated she did not learn of the resident’s concern with the nurses because the LNHA had told the resident to return to their room. The report also identified a separate allegation involving another LPN, where Resident #11 stated that the nurse screamed at them, threw her hands into the resident’s face, and asked, "what are you going to do about it." The LNHA stated that the resident called the police and that officers reviewed video footage, but he acknowledged that he had not done a complete and thorough investigation and that he had not been reporting the resident’s allegations. The DON similarly stated that the resident alleged the nurse was in their space, but the video showed only hand movements and no physical altercation. The facility’s abuse policy required immediate protection of the alleged victim, immediate suspension of suspected employees pending investigation, witness statements, interviews of the resident and staff, and reporting of alleged abuse to the state agency within 2 hours, but the LNHA acknowledged these steps were not completed for the resident’s allegations.
Penalty
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