Threatening Text Messages and Inappropriate Physical Contact Toward a Resident
Penalty
Summary
Facility staff failed to protect a resident from abuse when the DON sent threatening text messages and a night shift nurse used inappropriate physical contact and language. The resident, who had been admitted earlier in the year, went out on approved out-of-facility leave. Nursing progress notes documented that staff believed the resident was missing after he did not answer his cellphone and his wife reported he was not with her, leading to notification of the ADM, DON, and police. During this period, the DON sent messages to the resident stating he needed to pick up his belongings because he was being discharged. The resident later reported feeling confused and threatened by these messages, and the RNC and RA acknowledged the messages were inappropriate and that the resident interpreted them as a threat. When the resident returned from leave, nursing notes documented his return without complaints of pain or discomfort, but the resident later reported that the night shift nurse entered his room, hit or tapped his foot, and used foul language toward him. He stated this made him feel like a child, intimidated, and that he did not like this treatment. He reported these concerns to an ADON, who confirmed the resident’s report that the nurse had tapped his foot and that the resident did not like that treatment. Another ADON was aware of the resident’s statement that the nurse used foul language and hit his feet. The RNC stated the nurse had been “lecturing” the resident and tapping his foot in what was described as a friendly manner, but confirmed the nurse should not have tapped the resident’s feet, especially since the resident interpreted the act as abusive, and also confirmed the DON’s text messages were inappropriate.
