Failure to Protect Resident from Verbal and Mental Abuse by Staff
Penalty
Summary
The facility failed to protect a resident's right to be free from verbal and mental abuse by staff. According to facility policy, abuse includes humiliation, harassment, threats of punishment, or deprivation, and staff are required to prohibit and prevent such actions. The incident involved a resident with moderate cognitive impairment, dementia, and behavioral disturbances, who became agitated and verbally aggressive toward a Certified Nursing Assistant (CNA). In response, the CNA yelled at the resident, used threatening language, and raised her fist in a threatening manner. Multiple staff members witnessed the CNA's actions, including cursing and making threats toward the resident. One staff member intervened by removing the CNA from the situation, and another reported the incident to facility leadership. The resident, who required de-escalation techniques and specific behavioral interventions per their care plan, reported feeling threatened and believed the staff member intended to cause harm. Facility documentation and interviews confirmed that the CNA's behavior constituted abuse and intimidation, as defined by facility policy. The incident was reported to the appropriate authorities, and the CNA was suspended pending investigation. The deficiency was based on the failure of staff to follow established protocols for managing resident behavior and ensuring residents are treated with dignity and respect.