CNA Charged with Reckless Manslaughter in Death of New Jersey Nursing Home Resident
After an 85-year-old resident being cared for by a certified nursing assistant (CNA) fell and sustained a serious head injury, instead of seeking help for the resident, the CNA ignored her injuries and put the resident back into bed. Later, the CNA lied and acted as though she had just discovered the resident was injured. The aide reported the incident as a “resident-to-resident” assault, although the resident had a broken neck, a fractured skull with a brain bleed, and three deep cuts to her head. The resident was taken to the hospital where she was pronounced dead.
During an investigation to determine probable cause, investigators questioned the CNA. She admitted that she had been bathing the resident and changing her clothes when she fell. It was concluded that the aide left the resident injured in her room at 11 a.m. and did not return and call for help until 11:30 a.m. In an effort to support her claim about the incident being a “resident-to-resident” altercation, the CNA admitted that she placed the television on the floor and flipped over a wheelchair.
The CNA has been charged with reckless manslaughter and is scheduled for a detention hearing.
Compliance Perspective
Failing to ensure that staff members report residents’ falls, whether noticeably injured or not, may be considered abuse and neglect and the provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding protocols to be followed by staff members whenever a fall by a resident occurs, whether it is during the provision of care, while being transferred with or without the use of a lift, witnessed, or the resident is found after a fall has occurred.
- Train staff on the policies and procedures regarding falls and continually emphasize the importance of reporting a fall without delay to help ensure the best possible outcome for the resident.
- Periodically audit fall and other incidents to determine if staff are following protocols and reporting them on a timely basis.
