Failure to Prevent Verbal and Mental Abuse by CNAs
Penalty
Summary
The facility failed to protect two residents from verbal and mental abuse by certified nurse aides (CNAs), resulting in psychosocial harm. One resident with multiple sclerosis, severe contractures, and bowel incontinence was subjected to repeated derogatory remarks by a CNA during personal care. The CNA made comments about the resident's incontinence, such as suggesting the resident should clean or buy new shoes for the staff, and expressed frustration about the resident's bowel movements in front of other staff. The resident reported feeling embarrassed and humiliated by these remarks, which were corroborated by witness statements from other CNAs present during the incident. Another resident with Alzheimer's disease, dementia, and major depressive disorder, who was non-ambulatory and required maximum assistance for activities of daily living, was verbally abused by a CNA during peri-care. The CNA told the resident to "shut up" and stated she would prolong care to upset the resident. This incident was witnessed by another CNA, who reported the occurrence to a licensed nurse. The resident was known to become agitated during care but could be redirected with appropriate interventions, as outlined in her care plan. Both incidents involved staff disregarding the residents' care plans, which emphasized the need for a calm environment, clear communication, and respect for the residents' dignity during care. The CNAs' actions were in direct violation of the facility's policy prohibiting abuse, neglect, and exploitation. The facility's documentation and witness statements confirmed that the residents experienced embarrassment, humiliation, and impaired psychosocial well-being as a result of the staff's behavior.