Failure to Protect Resident from Physical Abuse by CNA
Penalty
Summary
The facility failed to protect a resident from physical abuse by a certified nurse aide (CNA). The incident involved a resident with multiple contractures, reduced mobility, and moderate cognitive impairment, who was dependent on staff for activities of daily living. During an episode of care, the resident requested that the CNA stop providing care, expressing pain and distress, but the CNA continued despite these requests. The resident reported being pushed hard against the wall and having his knees pushed into the window, resulting in him yelling out for the CNA to stop. A roommate who was present during the incident confirmed hearing the resident yell and ask the CNA to stop, but observed that the CNA continued with the care. The roommate also reported hearing a loud scream, which prompted a nurse to enter the room. The CNA involved provided a written statement acknowledging that the resident asked her to stop, but she continued with the care, stating she was almost done. Staff interviews indicated that the resident was generally pleasant and did not typically refuse care, though he could be hesitant and nervous during assistance. The facility's policies guarantee residents the right to be free from abuse, neglect, and corporal punishment, and to be treated with dignity and respect. Despite these policies, the actions of the CNA in this incident resulted in a failure to uphold these rights for the resident involved.