Failure to Protect Resident from Physical Abuse by Staff
Penalty
Summary
A resident with multiple diagnoses, including encephalopathy, end stage renal disease, and chronic obstructive pulmonary disease, who was cognitively intact, reported an incident involving a certified nursing assistant (CNA) while care was being provided to his roommate. The resident stated that the CNA entered between the beds to turn off the call light, became upset when questioned, and shook the side of the resident's bed. The resident recorded the incident on video, which showed an unseen person shaking the bed for several seconds, followed by an argument between the resident and the individual. The resident reported the incident to facility leadership, and a police report was filed. A roommate confirmed being present in the room but did not witness the event, only hearing the resident yelling. The facility's initial and final reports indicated that the staff member involved was identified, but the allegation could not be substantiated, and the CNA was allowed to return to work on a different unit. The facility's abuse policy affirms residents' rights to be free from abuse, including physical actions such as those described in the incident.