Verbal Abuse of a Cognitively Intact Resident by Dietary Staff
Penalty
Summary
The facility failed to protect a resident from verbal abuse by a staff member. The facility’s Abuse Prevention Program policy stated that residents have the right to be free from abuse. The involved resident had diagnoses including anxiety disorder and depression, was cognitively intact, and had expressed increased anxiety about having another heart attack. On the date of the incident, the resident returned to the kitchen because the meal tray provided was not to her liking, and kitchen staff prepared a new tray. A dietary aide carried the new tray and walked back to the resident’s room with the resident, during which staff overheard them talking loudly and heard the resident call the aide names. When the dietary aide later returned to the resident’s room to bring yogurt, the resident yelled at the aide, and the aide responded by yelling, cursing, and making derogatory comments toward the resident, including calling her “crazy.” CNA witnesses reported hearing the aide curse at the resident, and one CNA observed the resident crying and not understanding why the aide acted that way. A Change in Condition Evaluation documented that the resident experienced increased anxiety and brief situational emotional distress related to the altercation with the dietary aide, though she returned to baseline with reassurance. The facility’s internal conclusion acknowledged that staff should not respond with profanity toward a resident regardless of the resident’s behavior, and the DON verified the findings.
