Verbal Abuse of Cognitively Intact Resident by CNA in Common Area
Penalty
Summary
The facility failed to protect a resident from verbal abuse when a CNA used profanity, raised his voice, and yelled at the resident in the TV dining area after the resident requested help for another resident who was crying out. The involved resident had an admission date of 2/10/26 and an MDS dated 3/6/26 showing intact cognition, clear communication, and full understanding, with a BIMS score of 15/15. On Super Bowl Sunday, while in the TV dining room, the resident observed another resident crying out for help and called out to a CNA for assistance. The resident reported that the CNA responded in a rude tone, saying, “We got a problem?” in a loud and angry manner, and that other staff had to remove the CNA from the room. The resident stated that the CNA’s tone was “pissed and loud,” that people should not talk to residents that way, and that the CNA should have been fired. In interviews, the CNA acknowledged that he had previously been counseled about professionalism and his loud voice, and admitted that during the 2/8/26 incident he raised his voice at the resident instead of “swallowing his pride.” The DSD confirmed that the CNA had a loud voice that some residents did not like and that loud talking by direct care staff could make residents feel hurt or scared, and stated the CNA had been spoken to before about his loud voice. Another resident described the CNA as sometimes “obnoxious.” The Social Services Director reported hearing a commotion, then observing the CNA and the resident yelling and shouting at each other and exchanging profanities, with the CNA appearing “hot headed,” and documented the verbal altercation in the progress notes. A witness statement and interview from another CNA indicated she heard loud screaming, was told the CNA was “fighting with a resident,” and then saw both the CNA and the resident arguing, with the resident crying and visibly upset afterward. A nurse’s progress note documented that the resident perceived the CNA’s tone as rude and loud and stated, “That’s not the way they can talk to me.” The facility’s abuse prevention policy stated that each resident has the right to be free from verbal, sexual, physical, and mental abuse and must not be subjected to abuse by anyone, including facility staff.
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