Failure to Protect Resident from Verbal Abuse by CNA
Penalty
Summary
The facility failed to protect a resident's right to be free from verbal abuse by staff. A resident with diagnoses including PTSD, anxiety, and a history of physical abuse, and who was cognitively intact, overheard two CNAs discussing her care, with one CNA alleging the resident was faking her incontinence. The resident requested a grievance form and asked one of the CNAs for her name, which the CNA refused to provide. The CNA then used profane and abusive language towards the resident, raising her voice and swearing at her. The incident caused the resident emotional distress, and another resident corroborated the account of verbal abuse. Multiple interviews confirmed that the CNA used inappropriate language and refused to provide her name when requested by the resident. The incident was witnessed by another resident and reported by staff, with documentation in the facility's incident and investigation report. The CNA involved had recently completed training on abuse prevention, but still engaged in verbally abusive behavior towards the resident, violating the resident's right to be free from abuse.