Failure to Protect Resident from Staff Verbal Abuse
Penalty
Summary
A facility failed to protect a resident from staff-to-resident verbal abuse, as evidenced by an incident involving a Certified Nursing Assistant (CNA) who allegedly threatened to throw a trash can at a resident and used profane language. The resident, who was assessed as cognitively intact, reported feeling threatened by the CNA's actions and stated that the incident was reported to the prior Director of Nursing. The facility's Abuse Prevention Policy prohibits all forms of abuse, including verbal abuse, and defines it as the use of language that is disparaging, derogatory, or threatening toward residents. Despite the resident's report and the facility's policy, the identity of the CNA involved could not be confirmed by the current Administrator-In-Training, as the resident indicated the CNA no longer worked at the facility. The incident was not witnessed by others, and the facility was unable to determine the specific staff member responsible. The deficiency centers on the facility's failure to ensure the resident was protected from verbal abuse by staff.