Failure to Protect Resident from Verbal Abuse by CNA
Penalty
Summary
A resident with end stage renal failure, heart failure, and morbid obesity, who was cognitively intact and independent with activities of daily living, was involved in a verbal altercation with a CNA. The incident began when the resident requested that used towels be removed from the bathroom before taking a shower. The CNA responded dismissively, suggesting the resident speak to a supervisor if dissatisfied. Later, upon overhearing the resident discussing the issue on the phone, the CNA confronted the resident, yelled profanities, and engaged in a heated exchange. The confrontation was witnessed by the resident's significant other via phone video. Facility records and interviews confirmed that the CNA and the resident exchanged profanities, with the CNA admitting to cursing at the resident after being provoked. The facility's investigation documented the incident as a verbal confrontation, and the CNA was suspended pending investigation. The report concludes that the facility failed to protect the resident from verbal abuse by a staff member.