The information below comes from the statement of deficiencies compiled by health inspectors and provided to AHCJ by the Centers for Medicare and Medicaid Services. It does not include the steps the hospital plans to take to fix the problem, known as a plan of correction. For that information, you should contact the hospital, your state health department or CMS. Accessing the document may require you to file a Freedom of Information Request. Information on doing so is available here.

BAYLOR SCOTT & WHITE MEDICAL CENTER - TEMPLE 2401 S 31ST ST TEMPLE, TX 76508 Sept. 19, 2012
VIOLATION: PATIENT RIGHTS: FREE FROM ABUSE/HARASSMENT Tag No: A0145
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY**

Based on review of documentation and interviews with staff, the facility failed to protect the rights of patient #1 to be free from physical abuse by a staff member. The facility also failed to follow their own policy.

Findings included:

Facility document entitled Patient Rights and Responsibilities with a revised date of 09/2012 stated, "I. Policy: The organization believes that patients have certain rights and responsibilities while under our care and service. These rights and responsibilities are codified in State and Federal regulations, as well as accreditation standards." Further review of the policy stated, "III. Procedure: A. The Patients have the right to: 16. Be treated with dignity, courtesy, consideration, and respect ... 18. Be free from neglect; exploitation; verbal, mental, physical, and sexual abuses; and/or harassment."

During the investigation that the staff member #1 hit patient #1 the following was revealed:

1. A review of the clinical record of Patient #1 revealed he was a 5 year old boy who presented to Scott & White hospital on [DATE]. He was scheduled to have a MRI with sedation.

2. Nurse's notes dated 07/11/2012 at 11:00am revealed the staff member #1 documented the patient and the mother arrived to the unit, vital signs were taken, child had nothing to eat by mouth, the nurse verified allergies and patient identification, and EMLA cream applied to 2 areas. The next nursing documentation was at 12:00pm when another nurse noted the IV was in the right hand and sedation was started at the bedside. There was no documentation in the patient's medical record that patient #1 was combative at any point during the admission.

3. Review of facility emails from nursing staff to staff members #6 and #7 revealed the nursing staff submitted to their supervisors their view of the incident. The staff members stated they witnessed staff member #1 "slap" or "swat" the hand of patient #1.

4. In in person interviews with staff members #2, #3, and #4, it was revealed the staff members witnessed staff member #1 "slap" or "swat" the hand of patient #1.

The above was confirmed in interviews with the administrative staff members #6 and #7 the afternoon of 9/19/2012.