Failure to Prevent Mental Abuse via Social Media
Penalty
Summary
The facility failed to protect a resident from mental abuse, specifically abuse facilitated through the use of technology. A nurse aide recorded a video of a resident, who had severe cognitive impairment as indicated by a Brief Interview for Mental Status (BIMS) score of six, and posted it on a social media platform. The video showed the resident in bed, making inappropriate comments, while the staff member recording the video laughed at her. The resident's face was partially obscured by an emoji, but at one point, the face became recognizable. The video was shared within a group of staff members on social media, and another staff member reported the incident to nursing management after viewing the video. The resident involved had multiple medical diagnoses, including dementia, atrial fibrillation, and diabetes, and was dependent on staff for care. The facility's own policy emphasized the importance of maintaining a culture of compassion and caring, especially for residents with behavioral, cognitive, or emotional problems. Despite this, the actions of the staff member who recorded and shared the video constituted a failure to ensure the resident was free from mental abuse, as confirmed by the facility's administration during interviews.