Failure to Protect Residents from Verbal Abuse by Nursing Assistants
Penalty
Summary
Two residents, both cognitively intact and requiring assistance with activities of daily living, experienced verbal abuse from nursing assistants during the evening shift. One resident, with diagnoses including depression and anxiety, requested assistance with a bedpan by using the call bell. When a staff member entered the room, she began yelling and using profanity, accusing the other resident of ringing the bell excessively. The resident who had called for help clarified it was their request, but the staff member did not respond and left without providing care. The second resident, who has congestive heart failure and a pressure ulcer requiring wound management, corroborated the account, stating that the staff member yelled, swore, and left the room without assisting the first resident. The incident was reported by the first resident to the facility administrator the following day. Both residents were interviewed as part of the facility's investigation, and their statements were consistent regarding the verbal abuse and lack of care provided during the incident. Staff interviews revealed that the nursing assistant involved denied the allegations, citing being overwhelmed by workload, while another staff member reported hearing similar language from a different nursing assistant but could not confirm the context. The facility's investigation substantiated the allegations of verbal abuse based on resident interviews and staff statements. Facility documentation and policy review confirmed that the actions of the nursing assistants violated the facility's abuse policy, which prohibits any form of mistreatment, including verbal abuse. The policy defines verbal abuse as the use of disparaging or derogatory language within hearing distance of residents. The failure to provide care and the use of profane, aggressive language toward the residents constituted mistreatment and a breach of the residents' right to be free from abuse.