Failure to Prevent Physical and Mental Abuse by CNA
Penalty
Summary
The facility failed to protect two residents from physical and mental abuse by a Certified Nurse Aide (CNA). One resident, who had severe cognitive impairment due to dementia and a history of stroke, was subjected to rough handling by the CNA, resulting in visible bruising on the resident's right forearm. Multiple staff statements and interviews indicated that the CNA used foul and derogatory language towards the resident, refused to assist with toileting, and told the resident to be quiet. The resident was left in a wet brief and required assistance from other staff for toileting throughout the day. Observations confirmed the presence of bruising consistent with fingertip marks on the resident's arm, and the resident reported pain and distress from the incident. Another resident, who was cognitively intact but had Parkinson's disease and required assistance with activities of daily living, was also mistreated by the same CNA. The CNA forced the resident into a cold shower despite the resident's request to let the water warm up, provided minimal assistance with washing, and left the resident partially naked and alone in the shower room for several minutes. The resident was heard crying and calling for help during this time. Staff interviews and resident statements corroborated that the CNA was verbally abusive, rushed the shower process, and failed to provide adequate care and dignity during the incident. Both incidents were witnessed or reported by other staff members, some of whom delayed reporting due to fear of retaliation or uncertainty about the events. The CNA involved had received prior training on abuse and neglect, and staff accounts consistently described the CNA's behavior as rough, disrespectful, and unprofessional throughout the shift. The facility's policies prohibit such conduct, and the actions of the CNA directly violated the residents' rights to be free from abuse and to receive care with dignity and respect.