Staff-to-Resident Verbal Abuse of Cognitively Impaired Resident
Penalty
Summary
A cognitively impaired resident with diagnoses including Asperger's syndrome, altered mental status, malignant neoplasm of the parotid gland, and generalized anxiety disorder was involved in a verbal altercation with a maintenance staff member. The resident was noted to be severely cognitively impaired, requiring substantial assistance with daily activities and frequent redirection due to repetitive vocalizations and behaviors. On the morning of the incident, the resident was near the medication cart, engaging in his usual repetitive verbalizations and behaviors, when a maintenance staff member approached and engaged in a verbal exchange. Multiple staff statements and interviews confirmed that the maintenance staff member responded to the resident's behaviors by making threatening and intimidating statements, including telling the resident, "If you touch me, I will put you on the ground," and provoking the resident to approach him. The staff member also made disparaging remarks about the resident in front of other staff. Witnesses described the staff member's actions as antagonizing, intimidating, and threatening, with one LPN specifically identifying the behavior as verbal and mental abuse. The resident, upon hearing the threat, quickly left the area. The facility's investigation substantiated the allegation of verbal abuse, with the maintenance staff member admitting that his statements were inappropriate and acknowledging that, according to facility education, it was abusive to humiliate, intimidate, or threaten residents. The facility's policy clearly states that all residents have the right to be free from abuse, including verbal and mental abuse by staff. The incident was reported and documented by staff, and the facility's investigation confirmed the occurrence of staff-to-resident verbal abuse.