Failure to Prevent Verbal Abuse of Residents
Penalty
Summary
The facility failed to protect residents from verbal abuse, as evidenced by two substantiated incidents involving two residents. In the first case, a resident with epilepsy, encephalopathy, and contractures, who required substantial assistance with toileting and personal hygiene, reported that a nurse aide used profanity and made threatening remarks when the resident requested help with continence care. Documentation and witness statements confirmed that both the resident and the aide engaged in a verbal altercation involving curse words, and the aide threatened to involve her husband in the dispute. Another resident corroborated the use of offensive language and threats by the staff member. In the second incident, a resident with a history of cerebrovascular accident, heart failure, and depression, who required minimal assistance with hygiene and had intact cognition, experienced verbal abuse when a nurse aide refused to assist with cleaning after a bowel movement accident. The aide responded with a derogatory comment, refusing to provide care. Another aide intervened to assist the resident, and the incident was reported to nursing staff. Facility documentation and resident statements substantiated the occurrence of verbal abuse in this case as well. Both incidents were confirmed through interviews, resident statements, and facility documentation, demonstrating a failure to ensure that residents were free from verbal abuse as required by facility policy and state regulations. The events involved direct verbal altercations between staff and residents, including the use of profanity, threats, and refusal to provide necessary care.