Failure to Prevent Verbal Abuse by Staff
Penalty
Summary
The facility failed to protect residents from verbal abuse by staff in two separate incidents involving two residents. In the first incident, a female resident with chronic obstructive pulmonary disease, pseudobulbar affect, and major depressive disorder, who was totally dependent on staff for bathing, was subjected to derogatory comments by a CNA. The CNA told the resident she was 'stinky' and needed to shower, and further commented about the odor in the resident's room and the need to air it out. The resident expressed feeling offended and sad about the comments, as documented in a psychiatric assessment, although she stated she would be okay. In the second incident, a male resident with type 2 diabetes, insomnia, and depression, who had a care plan addressing potential verbal aggression, was involved in a verbal altercation with a cook. The cook was witnessed screaming at the resident, using profane language, and expressing frustration about the resident's behavior. The incident was witnessed by the business office manager, who intervened and later reported the cook's continued yelling. The resident acknowledged the incident but stated he was no longer affected by it, and the cook was subsequently terminated. Both incidents were corroborated by witness statements and interviews with staff and residents. The facility's policy prohibits abuse or neglect in any form and requires immediate reporting and assessment of any allegations. However, in these cases, staff failed to prevent verbal abuse, resulting in residents being subjected to inappropriate and offensive language by facility employees.