Failure to Protect Residents from Verbal Abuse by Staff
Penalty
Summary
The facility failed to protect residents from verbal abuse, as evidenced by two separate incidents involving two residents. In the first case, a resident with diagnoses including lymphedema, hypertensive heart disease, and PTSD, who was cognitively intact but dependent on staff for toileting, reported that a CNA entered her room in an upset manner, spoke to her rudely, repeatedly told her to be quiet, and used hand gestures to silence her while providing incontinence care. This interaction left the resident tearful and apologetic for her condition, and was corroborated by another CNA, the occupational therapist, and the social service director, all of whom observed or were informed of the resident's distress following the incident. In the second case, a resident with multiple diagnoses including bipolar disorder, major depressive disorder, anxiety, traumatic brain injury, and hemiplegia, who was moderately impaired in decision-making and dependent on staff for mobility and toileting, was subjected to harsh language and cursing by a CNA during care. The incident was witnessed by another CNA, who reported hearing the staff member use profanities towards the resident. The facility's records confirmed the incident and indicated that the staff member was suspended during the investigation and subsequently terminated for resident abuse or neglect. Both incidents demonstrate a failure to maintain an environment free from verbal and mental abuse as required by facility policy.