Failure to Protect Resident From Verbal Abuse During Care
Penalty
Summary
The facility failed to protect a resident’s right to be free from verbal abuse when a CNA used foul language in the resident’s presence during care. The resident had been admitted with diagnoses including cerebral infarction and PTSD, and an MDS assessment indicated intact cognition with a need for maximal assistance with toileting, bathing, and dressing. A Change in Condition note documented that the resident expressed concern about the CNA’s use of foul language in her presence. The facility’s investigation summary later confirmed that the CNA used an inappropriate word while inside the resident’s room. In an interview, the CNA stated that while in the resident’s room she spilled a cup of water and cursed in front of the resident, acknowledging that this could make the resident feel upset and uncomfortable. The DON also confirmed that the CNA used foul language in front of the resident and that the resident reported she did not appreciate the CNA blurting that out in front of her. The facility’s abuse prevention and prohibition policy stated that each resident has the right to be free from abuse and that the facility is committed to protecting residents from abuse by anyone, including staff. Another facility policy defined verbal abuse as the use of oral, written, or gestured language that willfully includes disparaging and derogatory terms to residents or within their hearing distance, regardless of age, ability to comprehend, or disability.
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