Failure to Protect Resident from Physical Abuse by Staff
Penalty
Summary
A deficiency occurred when a certified nursing assistant (CNA) physically abused a resident diagnosed with early-onset Alzheimer's disease, dementia, pain, and generalized anxiety disorder. The incident took place during care when the resident became combative and struck out at staff. In response, the CNA hit the resident in the face. Witnessing CNAs confirmed the event, and a charge nurse documented redness on the left side of the resident's face during a head-to-toe assessment. The resident was noted to have severely impaired cognitive skills, rarely or never able to make decisions, and was unable to respond appropriately to questions during subsequent interviews. The facility's policy on abuse prohibition clearly states that all patients have the right to be free from mistreatment, neglect, and abuse by anyone, including staff. Despite this policy, the CNA's actions constituted physical abuse, as substantiated by witness statements and physical evidence. The incident was reported to law enforcement, and the CNA was interviewed by police and subsequently removed from the facility. The abuse was substantiated by both the facility's internal investigation and law enforcement, with the CNA being charged with elder abuse. The resident involved was assessed for injury and psychosocial trauma following the incident. No pain or psychosocial trauma was noted, and an X-ray showed no adverse findings. The resident's care plan was updated to reflect the potential for trauma due to the experience with the healthcare worker. Observations after the incident indicated the resident continued to wander throughout the facility and did not display changes in sleep patterns, appetite, or anxiety.