Failure to Treat Two Cognitively Intact Residents With Dignity and Respect
Summary
The deficiency involves the facility’s failure to ensure residents were treated with respect and dignity, as required by resident rights, for two cognitively intact residents. Resident #1 had Parkinson’s disease with visual hallucinations, impaired functional ability, and required assistance with ADLs and mobility, particularly at night when his abilities declined. His care plan specified one-person assistance with ambulation, transfers, bed mobility, dressing, personal hygiene, and toileting, with encouragement and emotional support. Despite these documented needs, Resident #1 reported that a CNA (Staff A), who worked the overnight shift, repeatedly appeared frustrated when the resident stated he could not perform tasks independently at night, told him to do tasks on his own because Staff A had seen him do them before, and questioned why he could not complete tasks himself. Resident #1 further reported that when he used his call light, Staff A would respond by saying he could not come in every five minutes and would ask why the resident was using his call light. On one night in January, when Resident #1 activated his call light and requested to be changed, Staff A allegedly stated, “I am not dealing with you today,” tossed the blankets onto the resident, and told him to straighten them himself. The resident described Staff A’s tone as frustrated and stated that Staff A looked at him with disdain during care and even later in the hallway. Resident #1 reported experiencing stress, anxiety, and difficulty sleeping when Staff A was working, and he filed a written grievance documenting that Staff A treated him with very little compassion, begrudgingly assisted him to the bathroom at night, and said he was not dealing with the resident when answering his call light. Resident #9, who had MS, anxiety, and depression with intact cognition, also reported that Staff A did not treat her well. She stated that Staff A was rude, talked to her in a rude and obnoxious way, made faces at her, addressed her with “Yes [her name]” or “what do you want [her name]” in a negative tone, acted as if he did not want to work there or help her, rolled his eyes at her, and had a bad attitude. Other staff corroborated concerns about Staff A’s interactions with residents. Staff B, a CNA, stated she had worked with staff who were not as respectful as they should be, specifically Staff A, and knew of residents, including Resident #1 and Resident #9, who did not want Staff A to provide care. Staff B recalled an overnight shift when she was assisting Resident #1, a one-person assist, and Staff A entered the room uninvited and tossed the resident’s blankets onto his legs; she observed that the resident’s facial expression changed and he appeared upset when Staff A entered. Additional staff interviews supported the pattern of disrespectful or sarcastic behavior. Staff C, an RN, described witnessing “back and forth” bickering between Staff A and Resident #1 during an overnight shift, with Staff A using a sarcastic and inappropriate tone. Staff D, an RN, reported that Resident #1 told her that Staff A was not nice to him and that he thought Staff A did not like him; she observed tension between them when Staff A entered the room, noting that the resident remained kind and thanked Staff A, but Staff A did not respond and was quiet toward him. Social Services (Staff E) stated that Resident #9 had previously said she did not like Staff A and that he was too sarcastic. In his own interview, Staff A acknowledged that these residents had issues with him, that he could be stern and to the point with residents he viewed as having behaviors, that he told residents he had other residents to help when they used their call lights repeatedly, and that he had been sarcastic with Resident #9, which he characterized as joking. The facility’s resident rights policy stated that residents have the right to a dignified existence and to be treated with respect and dignity, which was not upheld in these interactions.
Penalty
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