Failure to Remove Staff Following Abuse Allegation
Penalty
Summary
The facility failed to implement protective measures following an allegation of abuse involving a certified nursing assistant (CNA) and a resident. According to the facility's Abuse Prevention Program policy, staff members accused of abuse are to be immediately removed from resident care duties and suspended pending the outcome of an investigation. However, after an incident in which a CNA was alleged to have acted aggressively, spoken in a condescending manner, and physically grabbed a resident's wrist despite the resident's objections, the CNA was allowed to continue working both during the remainder of the shift and on subsequent days while the investigation was ongoing. The resident involved was alert, oriented, and had a history of conditions including gastroenteritis, rheumatoid arthritis, osteoarthritis, weakness, and anxiety disorder. The resident reported feeling that the CNA was abusive, describing the CNA as haughty, condescending, and physically forceful, including grabbing her wrist tightly and yelling in her face. Witnesses, including another CNA and an LPN, corroborated the resident's account, noting the CNA's aggressive behavior, refusal to leave when asked, and the resident's visible distress, including trembling and watering eyes. The LPN observed redness on the resident's wrist and reported the incident to the Director of Nursing promptly. Despite these observations and the facility's policy, the CNA continued to work with residents, including on other shifts and in areas where she could have contact with additional residents. The failure to remove the CNA from resident care duties during the investigation represented a lack of immediate protective action as required by the facility's own procedures, potentially affecting the safety and well-being of other residents.