Failure to Protect Resident from Verbal Abuse During Personal Care
Penalty
Summary
A certified nursing assistant (CNA) made an insulting and ridiculing comment toward a resident during personal care, failing to protect the resident's right to be free from verbal abuse. The resident, a female with multiple complex medical conditions including neuromuscular dysfunction of the bladder, obstructive uropathy, metabolic encephalopathy, diabetes mellitus, and paraplegia, was bedbound and dependent on staff for all activities of daily living and toileting. The resident had a history of behavioral symptoms, including making false allegations and threats toward staff, but was assessed as having intact cognition. During an episode of peri-care, the CNA was observed on video making a comment to the resident, stating, "Yeah, we know what you like," after the resident confirmed she was clean. The resident immediately expressed that the comment was inappropriate and uncalled for. The CNA then raised her voice and continued to make remarks about the resident's requests for cleaning, indicating frustration and a lack of professionalism. The incident was reported by the resident and her family, and video evidence was provided to facility leadership. Interviews with facility staff revealed uncertainty about whether the CNA's comments constituted verbal abuse, with some staff suggesting the context was unclear or that the relationship between the CNA and the resident involved joking. However, the CNA herself acknowledged that her comments were inappropriate and admitted to being frustrated with the resident's repeated requests for cleaning. The incident was reported to the state, and the CNA was suspended pending investigation. The facility's abuse prevention policy states that residents have the right to be free from all forms of abuse, including verbal and mental abuse.