Nursing Home Employee Arrested on a Felony Neglect Charge

A caregiver at a senior living center in Tallahassee, Florida, was arrested on a third-degree felony charge of neglect of a disabled adult. The charges were filed after a state investigation of a 91-year-old woman who was left unattended on a commode for hours at the senior living facility.

The incident, which was investigated by the Florida Attorney General’s Medicaid Fraud Control Unit, happened in the late night and early hours of January 2-3, 2020 at the senior living center. The investigation was prompted by a complaint from the Florida Department of Children and Families.

The court records indicate that a staff member placed the 91-year-old woman on the commode inside her apartment at approximately 8:20 p.m. on January 2, 2020. The accused was instructed to put the resident to bed once she had finished. The resident, who suffers from dementia and a terminal lung condition, was found on the floor at 2:45 a.m. on the morning of January 3, 2020. The accused had never gone back to check on the resident. The Director of Nursing told investigators that the accused and another staff member had been given verbal report that the resident had been placed on the commode.

The incident was caught on a video camera that had been placed in the resident’s room by the resident’s daughter. The video displays the resident “moaning and crying” and repeatedly pleading “help me.” The accused, and the other staff member, were seen on a facility’s video surveillance camera in a dining room, taking selfies for about an hour and a half, during the time the resident was left on the commode by the accused.

The resident’s daughter also told the state investigators that it was the second time that her mother had been left on the floor of her apartment. According to the arrest report, the first time, “her mother was left on the floor for five hours.”

Compliance Perspective

Issue

Failure to provide an environment that is free from abuse or neglect of any type may be considered a violation of residents’ rights, and failure to adequately prevent abuse or neglect. This can be considered provision of substandard quality of care with potential harm from immediate jeopardy, in violation of state and federal regulations.

Discussion Points

  • Review policies and procedures regarding prevention of abuse and neglect. Review resident’s care plans to ensure that appropriate interventions are in place to prevent potential abuse or neglect.
  • Train staff to adhere to the policies and procedures of abuse and neglect prevention at all times. Document that training has occurred, and place proof of attendance in the employee’s education files.
  • Periodically audit staff response time to resident’s needs to prevent potential abuse or neglect to residents.

FOR MORE INFORMATION ON THIS TOPIC view: FREEDOM FROM ABUSE, NEGLECT, AND EXPLOITATION.

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