New York Nursing Home Fined $10,000 and Sued by Family of Sexually Assaulted Resident
The New York State Department of Health (NYSDOH) recently fined a nursing home $10,000 related to the sexual assault of an 88-year-old resident by another resident in an incident that occurred at 1:30 a.m. on May 29. The basis for the fine was the facility’s negligence in reporting the incident more than six hours after it occurred and destroying possible evidence of the assault. The NYSDOH cited the facility for multiple deficiencies related to the incident.
Staff members responded to the female resident’s calling out, “No, No” in her room. When the staff members entered the room, they found a 73-year-old male resident sexually assaulting the woman. Both of the residents had diagnoses of dementia. The woman is also unable to get out of bed without the help of a mechanical lift.
Six hours after the incident had occurred, a physician’s assistant examined the woman and confirmed the sexual assault. The resident was sent to the hospital to be assessed. Staff had already removed linens and disposed of any possible evidence of the assault by the time the police were notified after the woman was sent to the hospital.
The daughter of the assaulted resident has filed a civil suit against the nursing home and its owners on behalf of her mother.
The nursing home and its owners have denied responsibility in court papers filed in response to the lawsuit.
Compliance Perspective
Failure to protect residents from assaults by other residents or anyone else may be considered abuse and neglect and violate residents’ rights to a safe environment, and may be deemed provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures for provision of adequate care planning and supervision of residents in order to prevent sexual assaults or other forms of abuse against residents by other residents or anyone else.
- Train staff regarding the need for monitoring male residents to prevent sexual assaults against female residents, and to protect all residents from assaults from anyone with access to resident areas.
- Periodically audit, particularly on the night shift, to determine if male residents are moving about the facility without being monitored and redirected to their rooms, or if others with access to resident areas are supervised to ensure resident safety.
