Staff-to-Resident Physical Abuse During Transfer
Penalty
Summary
The facility failed to protect a resident from staff-to-resident physical abuse when a CNA intentionally struck the resident during care. The resident involved had significant medical conditions, including traumatic brain injury, anoxic brain damage, schizophrenia, and quadriplegia, and was observed on a later date resting in a reclining high-back wheelchair, well groomed and without visible facial injuries. According to an incident report and subsequent wound assessments from the date of the event, the resident sustained a right forehead scratch measuring 2 cm by 0.1 cm, a right eyebrow scratch measuring 0.1 cm by 0.5 cm, and a swollen area of the right upper lip measuring 0.3 cm by 1.8 cm, all without depth. During a telephone interview, the CNA admitted that while assisting with transferring the resident to bed, the resident punched her in the face and spat on her multiple times, after which she became angry and smacked the resident on the right side of the face before leaving the room and self-reporting the incident to the Executive Director. Another CNA who assisted with the transfer reported that the resident cursed at and verbally insulted the first CNA, which appeared to trigger her, and that the CNA then approached and smacked the resident multiple times with an open hand on the right side of the face. The second CNA further stated that before she could intervene, the resident spat on the first CNA, who then struck the resident again in the mouth with an open hand. The Unit Manager later assessed the resident and confirmed the presence of a scratch to the forehead, a scratch near the right brow, and a swollen, discolored upper lip. These actions occurred despite the facility’s written abuse policy, which prohibits physical abuse and defines it as a willful act such as hitting or slapping a resident.
