Staff Altercation and Social Media Posting Violates Resident Dignity and Privacy
Penalty
Summary
A deficiency occurred when an altercation between staff members took place in a resident care area, in the presence of residents. The incident involved yelling, screaming, and the throwing of objects between a Licensed Practical Nurse and a Certified Nurse Aide, with other staff and residents present in the lounge area near the nurse's station. The event was chaotic and undignified, as described by staff, and was witnessed by at least three residents, all of whom had varying degrees of cognitive impairment and diagnoses such as anxiety, multiple sclerosis, Alzheimer's disease, depression, and diabetes. The altercation was recorded on a cell phone by a staff member and subsequently posted on social media, which included images of the residents present during the incident. This action violated the facility's policies on quality of life, dignity, resident rights, and cell phone use, as well as HIPAA privacy regulations. Staff interviews confirmed that the use of cell phones in resident areas and the sharing of such videos were prohibited and considered disrespectful and a breach of privacy. Interviews with staff and residents indicated that the fight was inappropriate, disrespectful, and created an environment that was not conducive to the dignity and respect of the residents. While some residents could not recall the incident, staff and management acknowledged that the event was unprofessional and likely made residents feel uncomfortable, frightened, and confused. The presence of residents in the video posted online further compounded the violation of their rights and privacy.