Complaint Investigation Report

The investigation revealed the following:

Allegations – Staff physically abused client while in care and Staff caused injuries to client. It was alleged that Staff #1 (S-1) physically assaulted Client #1 (C-1) and caused injuries due to a physical altercation. IB Investigator Bendana interviewed the Administrator, Staff, Clients, and family members regarding this allegation. Per interview with S-1, C-1 misinterpreted a statement made by S-1 and resulted in C-1 physically attacking staff. During the assault, S-1 ran into the office and managed to contact 911. The dispatcher instructed staff to find a way to get away from C-1. As C-1 continued to attack S-1, staff bit C-1’s hand in self- defense to create time and space to run away from client. Per hospital medical records, x-ray of the C-1’s hand showed that the bones and soft tissues appeared normal. S-1 sustained multiple injuries to the upper body. The police responded to the incident, but there was no report available for review.

According to interviews and documentation, C-1 has a history of aggressive behavior and had previously assaulted other staff and a resident. In addition, C-1 was removed from another facility due to aggressive behavior. Based on information gathered, it is determined that S-1 did not physically assault C-1 and therefore, the scratches and bite mark on C-1 was due to self-defense.

Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are UNSUBSTANTIATED.

An exit interview was conducted with Ms. Torres. A copy of this report along with the appeal rights were provided.