Failure to Protect Resident from Physical and Verbal Abuse by CNA
Penalty
Summary
A resident with moderate cognitive impairment, hemiplegia, and a history of behavioral issues, including sexual and verbal behaviors toward staff, was dependent on staff for all activities of daily living and required extensive assistance. During care, a Certified Nurse Assistant (CNA) became agitated with the resident after the resident's feeding tube opened, resulting in soiling of the bed and the need for additional care. The CNA believed the resident had intentionally disconnected the feeding tube and responded by smacking the resident on the thigh below the buttock. Multiple staff interviews and written statements confirmed that the CNA struck the resident with an open hand during care. Additionally, the same CNA was reported by several staff members to have referred to the resident as a "pedophile" in the resident's presence and in the presence of other staff, which was considered a form of verbal abuse. The resident's next of kin was informed of the incident and reported that the resident nodded affirmatively when asked if anyone had hit them. The facility's abuse policy defined both physical and verbal abuse, including hitting and the use of derogatory terms, as prohibited behaviors. Staff interviews indicated that the CNA had become increasingly hostile and aggressive toward the resident, particularly in response to the resident's behavioral issues. The incident was reported internally, and staff statements corroborated the occurrence of both physical and verbal abuse toward the resident.