Failure to Protect Resident From Physical Abuse by CNA During Care
Penalty
Summary
The facility failed to protect a cognitively intact resident from physical abuse/mistreatment by a CNA. The resident had diagnoses including acute and chronic respiratory failure with hypoxia, dementia without behaviors, dysphasia following cerebral infarction, and muscle weakness, and was dependent on staff for most ADLs. Despite the facility’s written policy prohibiting verbal, sexual, physical, and mental abuse, corporal punishment, involuntary seclusion, neglect, exploitation, mistreatment, and misappropriation of property, an incident occurred in which this resident was physically struck by a staff member during care. According to witness statements, the incident occurred while the CNA was providing in-room care and directing the resident to move his leg into the bed. When the resident refused, the CNA “popped” or hit the resident on the leg/thigh. Another CNA, positioned at a linen cart between nearby rooms, reported seeing the CNA hit the resident after he refused to move his leg, and described both the CNA and the resident “passing lick back and forth,” indicating reciprocal hitting. The reporting CNA immediately informed the nurse on duty of what they had observed. The resident later reported to facility staff that the CNA had “popped” him with her hand. The CNA acknowledged in her written and verbal statements that she tapped or popped the resident on the thigh while telling him to roll over, characterizing it as playful and occurring in the context of a joking relationship and the resident’s resistance to care and sexually inappropriate comments. The DON and Administrator confirmed that the CNA admitted to popping the resident on the thigh and that the facility substantiated the allegation of abuse based on the resident’s report, the witness account, and the CNA’s own admission.
