Failure to Treat Resident with Dignity and Respect
Penalty
Summary
A deficiency occurred when a certified nursing assistant (CNA) failed to treat a resident with dignity and respect during an early morning interaction. The resident, who was alert, oriented, and Spanish-speaking only, requested assistance from the CNA to locate the footrest for her wheelchair and to help with her shoes in preparation for dialysis. The CNA refused to assist with the shoes, was observed using her phone, and responded to the resident's requests by telling her to "shut up." This exchange caused the resident to experience mental and emotional distress, including anger and frustration. The resident had a history of right femur fracture and end stage renal disease, requiring dialysis and moderate assistance with transfers, dressing, and personal hygiene. The incident was corroborated by another resident in the room, who witnessed the CNA instructing the resident to "wait and shut up" when she asked for the footrest. The witness also reported that the CNA was not providing appropriate assistance to another roommate who was incontinent and unable to change herself, further indicating a lack of respect and responsiveness to residents' needs. Interviews with facility staff, including the Director of Staff Development, Director of Nursing, and Administrator, confirmed that the CNA's behavior was not in accordance with facility policy, which requires all staff to treat residents with kindness, respect, and dignity. The CNA denied the allegation but acknowledged that such behavior would be unacceptable. The facility's investigation substantiated the resident's claim, supported by a witness, and determined that the CNA's actions failed to honor the resident's rights to a dignified existence and respectful communication.