Failure to Protect Cognitively Impaired Resident From Verbal Abuse by Staff
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from verbal abuse by staff. Record review showed that the resident had severe cognitive impairment, unclear speech, intermittent understanding, and dependence on staff for most ADLs. During an evening shift, a GNA was assisting another GNA with transferring the resident using a mechanical lift when the resident reportedly hit the GNA. Witness accounts documented that the GNA responded by cursing, including statements such as “don’t fucking hit me,” and later, in reference to the resident, “fucked [his/her] ass straight up and [his/her] is a fucking retarded gimp,” and that the resident “won’t be getting any more ice cream” from her. Another staff member heard the raised voice and profanity but could not see into the room because the door was closed. The facility’s investigation file and interviews further showed that the GNA admitted to holding the resident’s arm down after being hit and later admitted to cursing at the resident. A CMA who was near the room at the time heard the GNA say, “Don’t fucking hit me,” but did not report the incident because she believed the comment was directed at the other GNA rather than the resident. The DON’s interviews with involved staff confirmed that the GNA’s voice was raised during the incident and that abusive language was used toward the resident, establishing that the resident was subjected to verbal abuse and that at least one staff member failed to recognize and report the allegation of abuse at the time it occurred.
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