A Certified Nursing Assistant (CNA) at an assisted living and memory care facility was arrested on March 10 on charges of battery against a person aged 65 or older. The defendant is accused of attacking a 77-year-old resident with dementia.
According to the Indian River County Sheriff’s Office arrest report, another employee at the facility witnessed the incident and reported it to staff management, who then contacted law enforcement.
The defendant is accused of slamming the resident onto a chair and allegedly attempting to choke him by lifting him by his neck after the resident resisted having his clothes changed. When the resident continued to resist, the defendant is accused of forcefully dropping him. The CNA is also accused of dragging the resident by his arms out of the bathroom and forcibly placing him back onto his bed.
A deputy observed visible signs of abuse on the resident, including bleeding from his ear and bruising on his back.
When questioned by deputies, the defendant denied the accusations. He claimed that the resident became combative while he attempted to change his clothes and said he left the man in his bed afterward. The CNA denied picking up, slamming, or dragging the resident.
Compliance Perspective
Issue
According to F600 in the State Operations Manual, Appendix PP, residents have the right to be free from abuse, neglect, misappropriation of resident property, and exploitation. Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. Instances of abuse of all residents, irrespective of any mental or physical condition, cause physical harm, pain, or mental anguish. 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. It is crucial that each nursing facility have a process in place for reporting violations. Staff members should understand their role in identifying, reporting, and investigating abuse.
Discussion Points
- Review your policies and procedures on preventing, identifying, responding to, and reporting abuse. Ensure they align with current regulatory standards, and make updates as necessary to reflect best practices in resident care.
- Provide ongoing staff training on how to care for individuals with cognitive impairments, the signs and prevention of abuse and neglect, and the importance of immediately reporting suspected abuse to a supervisor or through the facility’s hotline. Training should also cover timely reporting to the State Survey Agency and local law enforcement, in line with regulatory requirements.
- Audit to ensure staff understand what to do if a resident resists care or demonstrates physical or verbal aggression toward them. Audits should also assess staff knowledge of their obligations regarding the reporting of suspected or witnessed abuse, including how to use anonymous reporting options such as the hotline.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
