A former North Carolina assisted living facility (ALF) employee was charged with murder after a resident died, according to police. On September 24, 2023, the defendant was involved in an assault while working at the facility.
Officers responded to the ALF after receiving a call which said that a facility worker was engaged in a verbal altercation with a resident. Police said the resident, 88, was pushed onto the floor by the defendant, and sustained a serious injury from her fall. She was then transported to the hospital for further medical attention.
The defendant was initially charged with one count of assault on individuals with a disability. Not long after the incident, the resident died. The North Carolina Office of the Chief Medical Examiner (NCOCME) then conducted an investigation. The medical examiner deemed the manner of death a homicide with the assault being the proximate cause of death.
After reviewing the information from the NCOCME report, interviewing witnesses, and consulting with the District Attorney’s office, the defendant was charged with one count of murder. She was arrested on October 24, 2023, and is currently in jail under no bond.
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.
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. Also provide training on responding to residents and others in a professional manner. F947 mandates training that includes dementia management, care of the cognitively impaired, and abuse prevention for all nursing assistants. Med-Net Academy Prime in the Clinical Category offers a training program titled Dementia Management: Dealing with Challenging Behaviors and other related programs.
- 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.*
