Resident Kicked by CNA Resulting in Pain and Leg Discoloration
Penalty
Summary
The facility failed to protect a resident from abuse when a CNA kicked the resident’s right shin while providing care. The resident, who had diagnoses including metabolic encephalopathy, osteoporosis, and dementia, had been assessed as lacking capacity to make decisions and having severely impaired cognitive skills for daily decision-making. The resident was dependent on staff for ADLs such as toileting and showering and required partial assistance for eating, oral hygiene, dressing, and positioning. While the CNA was in the room feeding the resident’s roommate, an RN overheard the CNA speaking to the resident and then directly observed the CNA kick the resident’s right leg. Following the observed kick, the RN immediately removed the resident from the room and the resident pointed to the right leg and stated she had been hit and was in pain. An SBAR form documented that the RN supervisor witnessed the CNA kick the resident and that the resident reported pain. A Resident Data Collection form completed later the same day documented discoloration to the resident’s right leg. The facility’s abuse, neglect, and exploitation prohibition policy stated that each resident has the right to be free from mistreatment, neglect, abuse, involuntary seclusion, and misappropriation of property, but the observed conduct of the CNA and resulting pain and purplish discoloration to the resident’s right shin demonstrated that this policy was not followed in this instance.
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