A certified nursing assistant (CNA) was arrested after she allegedly abused a disabled woman at a Florida nursing home. According to the Pinellas County Sheriff’s Office, the CNA allegedly pushed the woman to the ground after the resident asked her for a cup of ice multiple times. The resident had asked for a cup of ice, but was given a cup of ice water. She then followed the CNA around and kept saying, “ice.”
Several witnesses told deputies they heard the resident ask for ice, then heard someone fall to the ground. One staff member said they heard the CNA say, “Go ahead, hit me!” The CNA then grabbed the cup, spilling water on the resident, and pushed her to the ground. The resident suffered minor injuries as a result of the incident, according to deputies.
Deputies said the CNA admitted to pushing the resident, even though she didn’t fear for her safety. She was arrested and charged with abuse of a disabled adult and is no longer employed at the nursing home.
Compliance Perspective
Issue
Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. Instances of abuse of residents, irrespective of any mental or physical condition, cause physical harm, pain, or mental anguish. According to F600 in the State Operations Manual, Appendix PP, the resident has the right to be free from abuse, neglect, misappropriation of resident property, and exploitation. Reporting abuse, neglect, and exploitation is mandatory for all nursing facilities. 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. Failure to report in the appropriate time frame is a violation of F609 Reporting of Alleged Violations, and can result in citations at the immediate jeopardy level. Substantiated violations may be considered provision of substandard quality of care, resulting in sanctions and civil or criminal charges. Abuse is prohibited and reporting is mandatory in all sectors of the healthcare continuum.
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. 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.
- Periodically audit staff understanding to ensure that they are aware of the steps that should be taken if they suspect abuse, and their reporting options, including the use of the anonymous hotline. Audit care delivery through observation and interviews of residents receiving that care. Ensure that any complaints received are fully investigated, addressed appropriately, and reported per requirements.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
