Failure to Protect Resident from Verbal Mistreatment by Staff
Penalty
Summary
A deficiency occurred when a resident with a history of stroke, hemiplegia, anxiety, and major depression, who was dependent on staff for toileting and other activities of daily living, was subjected to verbal mistreatment by a nursing assistant (NA). The resident was frequently incontinent and required emotional support as part of their care plan. On the evening in question, two other nursing assistants witnessed and reported that the NA assigned to the resident spoke to them in a loud and derogatory manner, questioning why the resident needed to defecate and expressing frustration about having the resident on her assignment. The incident was reported to supervisory staff, and it was noted that the resident appeared stunned by the interaction. Facility documentation and interviews confirmed that the NA's communication style was inconsistent with facility expectations and policies regarding resident rights and abuse prevention. Although the facility's internal investigation did not substantiate abuse due to the resident's inability to recall the incident, multiple staff members corroborated the inappropriate language and tone used by the NA. The supervisor and DON were aware of previous concerns regarding the NA's communication style, but the incident was not immediately investigated in detail at the time it was reported.