A certified nursing assistant (CNA) at a Tennessee nursing home has been charged with elder abuse after allegedly assaulting a 90-year-old resident with Alzheimer’s. The incident occurred on October 23, according to Chattanooga Police.
Two CNAs were required to give the resident a shower, and he needed to be seated in a shower chair. During the shower, the resident reportedly hit the first CNA in the face, knocking off his glasses. The affidavit states that the CNA became upset, pulled the chair out of the shower, and dropped both the chair and the resident onto the floor. The second CNA reported that the first CNA then hit the resident in the head multiple times and slapped him, stating, “I can’t wait for you to die soon.”
After the incident, the CNAs dried the resident off. There was blood on a towel from a knee injury the resident sustained during the beating, and he also had redness on his right eye, according to the affidavit. After putting the resident to bed, the second CNA reported the abuse to her supervisor, who immediately called the police.
By the time police officers arrived, the first CNA had been suspended and sent home. He was arrested later that day and charged with abuse of a vulnerable adult.
Compliance Perspective
Issue
When a nursing home admits a resident, it assumes responsibility for their safety and well-being. The facility must ensure that all staff are trained and are knowledgeable about how to respond appropriately to resident behavior. All staff are expected to control their behavior and conduct themselves professionally, understanding how to engage with the nursing home population. A facility cannot disown the acts of staff, since the facility relies on them to meet the Medicare and Medicaid requirements for participation by providing care in a safe environment. The Centers for Medicare & Medicaid Services (CMS) does not consider striking a combative resident an appropriate response in any situation. It is also not acceptable for an employee to claim his/her action was “reflexive” or a “knee-jerk reaction” and was not intended to cause harm. Retaliation by staff is abuse, regardless of whether harm was intended.
Discussion Points
- Review your policies and procedures on preventing, identifying, and reporting abuse. Update them as necessary.
- Train all staff on what is considered abuse, and the steps that should be taken when it is suspected. Also train staff on what to do if a resident resists care or demonstrates physical or verbal aggression toward them. Offer the training during new employee orientation, repeat at least annually, and more often if needed. Document that the training occurred, and record in each employee’s education file.
- Audit to ensure staff understand what to do if a resident resists care or demonstrates physical or verbal aggression toward them. Also audit staff understanding to ensure that they are aware of the steps they should take if they suspect or witness abuse, and their reporting options, including the use of the anonymous hotline.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
