Mental Abuse of Resident by Staff Through Derogatory Comparison
Penalty
Summary
A resident with multiple diagnoses, including COPD, depression, and anxiety disorder, was admitted with a care plan identifying a risk for abuse or neglect. The care plan included interventions such as assessing for abuse risk, educating the resident to report uncomfortable situations, and observing the resident during care and in the company of peers. Despite these measures, an incident occurred in which a Certified Nursing Assistant (CNA) showed other staff members a picture of a TV character on her cell phone, making a comparison to the resident's appearance and intelligence. The resident witnessed the CNA pointing at him and laughing, which caused him to feel humiliated. Multiple staff members confirmed that the CNA showed the image and made the comparison in the dining room, and some acknowledged that the comparison could be perceived as offensive. The resident reported feeling mocked and mortified by the incident, and a family member stated that the resident was upset and did not want to return to the facility. Written statements from staff corroborated the resident's account, with one CNA confirming that the comparison was made and the image was shown to others. The facility's policy affirms residents' rights to be free from abuse, neglect, and mistreatment, but the actions of the CNA constituted mental abuse, as determined by the facility's investigation.