Failure to Protect a Resident From Verbal Abuse by CNA
Penalty
Summary
The facility failed to protect a resident from verbal abuse when a CNA spoke to the resident in a rude, demeaning, and inappropriate manner, including making unnecessary and offensive comments. The resident was an adult male with Parkinson's disease and a cognitive communication deficit, with a BIMS score of 11 indicating moderate cognitive impairment. During an interview, the resident reported that the CNA was rude and mean during care, describing the behavior as disrespectful and inappropriate and stating the interaction was upsetting and should not have occurred. A family member, after being informed by the resident, reviewed surveillance video from a camera in the resident's room and observed the CNA speaking to the resident in a rude and demeaning manner, including comments about God not helping mean people and implying the resident's family did not visit because they did not care about him. The family reported the incident and video to facility leadership, and the Administrator and Regional Nurse later confirmed that the CNA made inappropriate verbal comments, including religious statements implying blame for the resident's condition, which they determined to be verbally abusive. Progress notes documented that the physician was notified of verbal abuse by a staff member toward the resident, and a subsequent note indicated the resident later reported he was doing fine with no residual issues related to the incident. The Social Worker became aware of the allegation after notification by the Administrator and conducted facility-wide safety surveys, but there is no indication in the report that she spoke directly with the resident about the incident. The facility's Abuse/Neglect and Resident Rights policies state that residents have the right to be free from verbal abuse and that all allegations must be immediately reported, investigated, and addressed to ensure resident safety, yet the incident of verbal abuse by the CNA toward the resident occurred despite these policies.
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