Failure to Prevent Staff-to-Resident Verbal and Physical Abuse
Penalty
Summary
Staff failed to prevent verbal and physical abuse towards two residents by a Certified Nursing Assistant (CNA). One resident reported that the CNA used profanity and yelled at her while providing care, as corroborated by another CNA who overheard the incident and reported it to a nurse. Multiple staff statements indicated that the CNA had a pattern of being rude, using curse words, and yelling at residents. The facility's 24-hour Abuse Investigation Report documented that the CNA was suspended immediately pending investigation after the incident was reported. Another resident described being physically handled roughly by the same CNA when she refused to get out of bed, stating that the CNA held her arms down and insisted she get dressed despite her continued refusal. The resident reported the incident to the next shift. The facility's investigation confirmed that the CNA was suspended following these allegations, but the CNA resigned before the investigation was completed. The facility's policy prohibits all forms of abuse, including verbal and physical abuse, and defines verbal abuse as the use of oral, written, or gestured communication that is abusive toward residents.