Mental Abuse and Privacy Violation Through Unauthorized Video Recording During Toileting
Penalty
Summary
The facility failed to protect a resident from mental abuse when a CNA used a personal cell phone to record a cognitively impaired resident while he was using the restroom and then showed the video to others. The 14‑second video, reviewed by the DON, showed the resident seated on a toilet seat riser with his upper left thigh and bare calf exposed, while he gripped the CNA’s wrist and the CNA verbally responded, “Ow, ow, ow, ow. [NAME], let go of me. Stop.” The resident’s face was not visible, but he was identified by first name in the video, and two CNAs were present during the incident. The CNA later stated she recorded the video to have proof of the resident’s behavior toward her. Other staff confirmed that the CNA had shown them the video, including while off facility grounds and at school, and one staff member reported that another person at their table may also have seen the video. The resident involved had diagnoses including dementia with mood disturbance, major depressive disorder, anxiety, restlessness with agitation, muscle weakness, and unsteadiness on feet, and was receiving buspirone and sertraline. An MDS assessment indicated the resident was cognitively impaired, exhibited physical and verbal behavioral symptoms toward others 1 to 3 days per week, required maximal staff assistance with toilet transfers, and was frequently incontinent of bowel and bladder. The facility’s policies prohibited use of personal portable electronic devices in resident care areas and strictly prohibited taking photographs or video recordings of residents under any circumstances, and also required all staff to promote and maintain resident dignity and respect resident rights. Despite this, the CNA recorded the resident during toileting and shared the video with multiple individuals, leading to a determination that the resident’s right to be free from mental abuse and to have dignity and privacy maintained was not protected.
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