Pennsylvania Attorney General Michelle Henry announced charges against a nurse who allegedly neglected and mistreated a resident at a Harrisburg nursing home. The nurse, 56, was taken into custody August 15, 2023, and charged with felony and misdemeanor counts of neglect of a care-dependent person, abuse of a care-dependent person, and simple assault. He is to be arraigned at a later time.
According to the investigation, the nurse assaulted the 80-year-old male resident while changing his wound dressings on March 17, 2022. The assault caused extreme pain for the resident and a substantial risk of infection. The resident was subsequently hospitalized for multiple medical conditions before passing away on May 5, 2022.
“The defendant was supposed to care for his patient and relieve his pain, but instead mistreated him and took deliberate action which caused more harm,” Attorney General Henry said. “My office has no tolerance for providers who violate their duty of care and put our most vulnerable residents at risk. These charges are a reminder that caretakers are responsible for treating their patients with dignity and respect for their wellbeing.”
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.
- 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.*
