Two Florida assisted living home employees were arrested for alleged elder abuse consisting of whipping a male resident with a lanyard and pushing him to the floor. Deputies began the investigation on March 14, 2023, after receiving a report that two employees had battered two different residents at an assisted living facility. According to deputies, the executive director of the facility reported the incident, which occurred on Sunday, March 12, 2023, after observing it on surveillance video. Deputies say the incident was initially reported by staff as a resident-on-resident battery, but the director became suspicious of the claims.
Throughout the course of the investigation, it was discovered that two female employees had initiated an altercation with an elderly male resident. The resident was pushing an elderly female resident down the hall in her wheelchair. Deputies say one of the employees began to whip the male resident with a lanyard, while laughing, and a physical altercation ensued. The two employees proceeded to grab the male resident and push him to the floor as he continued to hold on to the wheelchair, causing it to fall sideways with the female resident in it. Both employees then ran away from the area of the incident and out of view of the camera, leaving both elderly residents lying on the floor.
According to deputies, the employees reported the incident to their co-worker, but stated that the male resident battered the female resident, and said that they were not involved. Deputies located both employees and while one was interviewed, she admitted to using excessive force when dealing with the incident and stated that they should have handled it differently. They were both taken into custody and charged with two counts of Battery on a Person 65 Years of Age or Older. Their employment was immediately suspended, pending termination. The elderly residents did not sustain any injuries.
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. Investigating and reporting of abuse, neglect, and exploitation are mandatory for all nursing facilities as detailed in F607, 609, and 610 and available here. 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. Resident rights violations may be considered provision of substandard quality of care, resulting in sanctions and civil or criminal charges.
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, the consequences of abuse, and the steps that should be taken when it is suspected. Ensure that supervisory staff from all departments understand their responsibilities should they suspect potential abuse has occurred or if incidents are reported to 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.
- Periodically audit staff understanding to ensure that they are aware of the steps that should be taken if they suspect abuse, the consequences of abusing residents, and their reporting options, including the use of the anonymous hotline.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
