Failure to Treat Resident with Respect and Dignity During Staff–Resident Interaction
Summary
The deficiency involves the facility’s failure to ensure a resident’s right to be treated with respect and dignity during an interaction with a housekeeper. The resident was an older female with generalized anxiety disorder, recurrent major depressive disorder, and mild unspecified dementia, but with intact cognition as evidenced by a BIMS score of 14. Her care plan noted potential for verbal aggression and disrespect toward staff related to dementia, with interventions focused on assessing needs, allowing her to express feelings, and monitoring for risks of harm to self or others. On the day of the incident, the resident went to the dining room and attempted to obtain milk from the kitchen area while a housekeeper and a dietary aide were talking. According to the resident’s interview, she tried to get the attention of the housekeeper and dietary aide, then propelled herself to another kitchen door and knocked. She reported that the housekeeper spoke to her in a loud, rude tone, and after the dietary aide provided milk, the housekeeper escalated by saying, “You are ugly and I am going to beat your ass,” and challenged her by saying she could walk and did not need her wheelchair, telling her to stand up if she thought she could do something. The resident stated she stood up, almost fell, and felt humiliated and embarrassed, particularly because other residents could hear the exchange. She reported that she became angry and upset, then later went to the nurses’ desk to talk about smoking and to explain what had happened, but felt that the LVN at the desk did not listen to her and focused instead on telling her not to curse people, which further upset her and led to her yelling and cursing. A second resident with intact cognition corroborated key aspects of the event, stating he was in the dining room and observed the first resident trying to get milk, initially unable to get staff attention, then obtaining milk at a second door. He reported that the housekeeper began arguing with the resident in a loud tone, almost yelling, and stated to the resident, “I am going to beat your ugly ass. You need to go on with your funky ass.” He stated the resident then yelled back in an attempt to defend herself and that he felt sorry for her because she was embarrassed and disrespected. The housekeeper, when interviewed, acknowledged raising her voice and possibly using a rude tone but denied cursing the resident, instead stating that the resident had called her a “stinking looking man.” Other staff interviews, including the dietary aide, indicated they heard loud talking between the housekeeper and the resident but did not witness the full exchange. The social worker later documented that the resident reported feeling embarrassed and disrespected by the housekeeper during the incident. The Administrator and DON both acknowledged the possibility that the resident felt embarrassed, humiliated, or not respected by staff as a result of how the housekeeper spoke to her. The report also notes that the resident’s behavior and mood assessments, activity participation records, and multiple staff and psychiatric provider interviews indicated that the resident’s physical, emotional, and social status remained at baseline after the incident, with no documented decline in activity participation, socialization, appetite, or mood. However, the core deficiency centers on the interaction itself: the housekeeper’s loud, rude, and allegedly threatening and demeaning statements toward the resident in a public setting, and the resident’s perception and report of humiliation, embarrassment, and lack of respect. Additionally, when the resident attempted to report and discuss the incident with the LVN at the nurses’ station, she felt that her concerns were not heard, which contributed to her distress. The facility also did not provide a copy of Resident Rights requested by surveyors via email prior to exit.
Penalty
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