Failure to Protect Resident from Verbal Abuse by Staff
Penalty
Summary
A resident with diagnoses including schizophrenia, chronic pneumothorax, muscle wasting and atrophy, and depressive disorder was involved in a verbal altercation with an Activity Assistant. The resident, who was noted to refuse care daily, called the Activity Assistant a derogatory name after expressing frustration about the timing of receiving a cigarette during a smoke break. In response, the Activity Assistant made disparaging remarks about the resident's health condition and returned the insult, engaging in further disrespectful comments. Multiple staff statements confirmed that the Activity Assistant responded to the resident's insult with additional derogatory remarks, referencing the resident's use of oxygen and choice to smoke. The facility's investigation included written statements from staff who witnessed the incident, all of whom confirmed the exchange of verbal insults. The facility's abuse prevention policy defines verbal abuse as inappropriate oral, written, or gestured communication directed at residents. Despite routine abuse education provided to staff, the Activity Assistant's conduct constituted verbal abuse, as it involved inappropriate and disrespectful communication towards the resident.