A Missouri man is charged with assault first-degree, special victim, in connection with the injuries of a nursing home resident. According to a probable cause statement, a resident of the facility was the victim of a “very violent assault” on February 4, 2024.
The defendant is accused of assaulting the resident while he was an employee at the nursing home. An arrest warrant was issued for him on April 5, with bond set at $75,000.
Court documents state that the defendant was sitting in a chair when the resident hit him. Investigators said the defendant got up from his chair and proceeded to severely beat the resident. Four other nursing home staff members reportedly pulled the defendant off the resident. The resident was then taken to a medical facility for treatment of his injuries.
The Missouri Department of Health and Senior Services was notified and launched an investigation.
Compliance Perspective
Issue
When a nursing home accepts a resident for admission, the facility assumes the responsibility of ensuring the safety and well-being of the resident. It is the facility’s responsibility to ensure that all staff are trained and are knowledgeable in how to react and respond appropriately to resident behavior. All staff are expected to be in control of their own behavior, are to behave professionally, and should appropriately understand how to work 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. 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, LLC for informational purposes only and is not intended to provide legal advice.*
