Failure to Prevent and Report Staff-to-Resident Verbal Abuse
Penalty
Summary
A deficiency occurred when a certified nursing assistant (CNA) verbally abused a resident with a history of dementia, agitation, and violent behavior. The resident, who had moderately impaired cognitive skills and exhibited physical and verbal behaviors, was involved in an incident where the CNA told him she would punch him in the face after he allegedly grabbed her hair and kicked her. Witness statements from other staff members confirmed that the CNA used threatening and profane language directed at or within earshot of the resident. The incident was not documented in the resident's progress notes, nor was it self-reported as required by facility procedures. The facility's policy prohibits all forms of abuse, including verbal abuse and intimidation, but the staff failed to prevent this incident. Interviews with staff and the resident indicated that aides sometimes had an attitude with him, and multiple staff members heard or witnessed the CNA's inappropriate conduct. The CNA was subsequently terminated, but the initial failure to prevent the verbal abuse and to document or report the incident constituted non-compliance with regulations protecting residents from abuse.