Failure to Protect a Dependent Resident From Verbal and Rough Care During ADL Assistance
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from verbal and potential physical abuse during the provision of care. Resident C, who had dementia, osteoporosis, and significant dependence on staff for ADLs including toileting, dressing, and bed mobility, required assistance and redirection as needed. During an episode of care, CNA 4 reported that CNA 3 approached Resident C and began pulling on the resident’s arm in a forceful manner. While Resident C was clamping her legs shut, CNA 3 told the resident to open her “da** legs” and stated, “we can do this the easy way or the hard way.” According to CNA 4, Resident C did not become combative until CNA 3 began roughly yanking on the resident’s arm. CNA 3 acknowledged to the Administrator that she used the phrase “we can do this the easy way or the hard way,” claiming it was said under her breath and that she did not intend harm, and she recalled telling the resident to open her legs but denied using a curse word or pulling the resident’s arm forcefully. CNA 4’s statement indicated that CNA 3 used rude language and had been rough with Resident C, and that CNA 3 firmly grasped the resident’s arm while the resident was combative. RN 5 reported that CNA 4 came to her after the care episode, stating that CNA 3 had cursed and raised her voice toward the resident, which made CNA 4 uncomfortable. The facility’s self-reported incident to the state indicated that CNA 3 was rude to the resident and told the resident to open her “da** legs.” The facility’s abuse policy defined verbal abuse as the use of disparaging or derogatory language within a resident’s hearing, regardless of the resident’s ability to comprehend, and the documented conduct of CNA 3 met this definition.
