Failure to Protect Resident From Verbal Abuse by Nursing Staff
Penalty
Summary
The facility failed to protect a resident from verbal abuse by a licensed nurse. The resident was admitted with hemiplegia, hemiparesis, and depression, and had a BIMS score of 13/15, indicating he was cognitively intact. His care plan allowed him to smoke with supervision per smoking assessment and facility policy, and he reported that engaging in meaningful daily routines was important to him. During an evening smoke break, the resident went to the designated smoking area as scheduled, but when the licensed nurse saw him approaching the group of smokers, the nurse cursed and yelled at him, telling him to “get the fuck out of here,” and did not allow him to smoke in the designated area. The resident reported this as an alleged verbal abuse incident, and another resident later reported witnessing the nurse cursing, yelling, and preventing him from smoking. Following the incident, the resident stated he felt intimidated, humiliated, scared, discriminated against, and singled out by the nurse. He avoided the evening smoke break so he would not have to deal with the same staff member, and he began staying in his room instead of participating in activities or socializing. Observations showed him lying in bed in a curled-up position in a dark room, and he became agitated and paced while recalling the incident, stating in garbled speech that the facility was his home. Facility staff, including the Administrator and Social Services Director, confirmed that the licensed nurse verbally abused the resident and that the incident affected him mentally and emotionally, leading him to stop walking around the building, exercising, and visiting friends in another hall because he would have to pass the hall where the nurse worked. A completed facility investigation substantiated the alleged verbal abuse incident, despite the facility’s written abuse prohibition policy that states staff must do all within their control to prevent occurrences of abuse and mistreatment.
We Help Long-Term Care Teams Stay Survey-Ready
We process and analyze inspection reports and plan of correction using AI to extract insights and trends so providers can improve care quality and stay ahead of compliance risks.