Failure to Protect Resident from Verbal Abuse by Staff
Penalty
Summary
A deficiency occurred when a resident, who was cognitively intact and had diagnoses including bipolar disorder, anxiety, depression, and attention deficit disorder, was subjected to verbal abuse by a staff member. The incident began when the resident requested assistance from a CNA, leading to a verbal altercation in which both the resident and the CNA exchanged derogatory language. The resident called the CNA a derogatory term, and the CNA responded in kind, using the same term towards the resident. This exchange was witnessed by the resident's roommate, who confirmed that the CNA did call the resident a derogatory name in retaliation. The facility's staff, including the Unit Manager and LPN, were present or nearby during the incident. The Unit Manager was informed by the resident that she did not want the CNA in her room anymore, but the resident was not interviewed about the specifics of the incident until the surveyor's visit. The Unit Manager stated she was unaware of the verbal abuse allegation and only knew the resident did not like the CNA. The CNA denied using derogatory language, but the roommate's account, both verbal and written, confirmed the CNA's use of inappropriate language. Other staff members, such as a Qualified Medication Aide, heard the CNA tell the resident not to call her a derogatory name but did not hear the CNA use the term herself. The facility's policy defines verbal abuse as the use of disparaging or derogatory language by staff towards residents. The incident was not immediately reported to facility leadership, and the resident was not promptly interviewed about the event. The exchange between the CNA and the resident, as corroborated by the roommate and other staff accounts, constituted a failure to protect the resident from verbal abuse as required by facility policy and regulatory standards.