Failure to Protect Resident from Neglect and Aggressive Staff Behavior
Penalty
Summary
Facility staff failed to protect a resident's right to be free from neglect when a certified nursing assistant (CNA) did not respond to the resident's call light for incontinence care, resulting in the resident remaining in feces for hours. The resident, who was cognitively intact and had no behavioral issues, reported the incident to both their child and the director of nursing via text messages. The resident also felt threatened by the CNA's aggressive and erratic behavior, which escalated to the point where the resident called the police for assistance. The police responded, and the CNA was subsequently removed from the situation. Facility documentation and staff interviews confirmed that the CNA had a history of not responding to resident requests and was difficult to awaken for duty. The facility's investigation substantiated the allegation of neglect, noting that the CNA's actions constituted a willful failure to provide timely and consistent care necessary for the resident's health, safety, and comfort. The CNA's employment was terminated following the incident.