Failure to Prevent Verbal Abuse and Demeaning Conduct by CNA
Penalty
Summary
The facility failed to protect residents from verbal abuse by CNA 6, resulting in multiple incidents involving two cognitively intact residents. Resident D, who has cerebral palsy, diabetes, renal insufficiency, and is frequently incontinent of bowel and bladder, reported that after he requested bathroom assistance, CNA 6 told him she would come back later because she had other people to worry about. While he waited, he experienced a bowel accident and, after ringing the call light again, reported that CNA 6 told him to keep his mouth shut and not get into other people's business. Resident D also reported overhearing CNA 6 in the hallway saying she was sick and tired of taking care of him while she gathered supplies to clean him after the accident. In a separate incident on an unknown date, Resident D reported that CNA 6 told him that if he did not do what she wanted regarding use of the call light, he would need to find another nurse to help. A QMA later documented that Resident D stated CNA 6 told him to "shut his damn mouth" when he tried to explain what he wanted regarding a personal care item, repeated the directive, and then left the room. Resident F, who has heart failure, diabetes, and is occasionally incontinent of urine and frequently incontinent of bowel, reported that CNA 6 was hostile, overly dramatic, and made negative sound effects while assisting him, which made him feel uncomfortable. In a confidential witness statement, Resident F described CNA 6 as irritable, clumsy, and grumpy over several days, with an attitude suggesting he was upset and taking it out on the resident. The QMA’s statement indicated that Resident F told her CNA 6 seemed to be having a bad day, was not in a pleasant mood, and that this made him feel uncomfortable, a feeling he had not experienced before. Additional staff interviews indicated that, prior to these events, other residents had reported CNA 6 being more stressed, irritated when residents were not fast enough during care, verbally rude, impatient, and snappy, and that such concerns had been reported to the Administrator. These actions and behaviors conflicted with the facility’s DIGNITY and ABUSE PREVENTION PROGRAM policies, which prohibit condescending, critical, or argumentative speech, profanity or vulgar words in the presence of residents, and any disparaging or derogatory verbal language that meets criteria for abuse.
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