Former CNA Gets One Year in Jail for Abusing Elderly Residents
A 30-year-old CNA working in a Massachusetts assisted living center with an expired CNA certificate was sentenced to one year in jail and 48-months’ probation. His initial sentence—two 1-to-15 year sentences for second-degree felony charges of aggravated abuse of two elderly residents—was suspended after the defendant pleaded guilty.
The family of one of the victims provided the proof of the defendant’s abusive treatment via a camera she had placed in her father’s room that the defendant believed was unplugged. The video captured the defendant slamming the 71-year-old Alzheimer’s resident into the wall beside his bed and plunging an elbow into the man’s stomach.
The resident’s daughter said that she had suspected abuse because her father was afraid to go to bed; however, she did not realize how bad it was until she placed the camera in her father’s room, captured the abusive incidents, and gave the video to the local police who arrested the defendant.
Another victim was an 89-year-old female resident whose husband reported that she had developed a limp, unexplained bruises, and was also afraid to go to bed.
Other residents reportedly had unexplained bruises and injuries as well.
The daughter and other residents’ family members are working with patients’ rights advocates and state legislators seeking greater protection for vulnerable residents.
Compliance Perspective
Failure to protect residents from abuse, neglect, and exploitation may be considered substandard quality of care and a violation of residents’ rights and the False Claims Act.
Discussion Points:
- Review policies and procedures regarding prevention of abuse, neglect and exploitation, and regarding screening, to ensure that staff members’ licenses and certifications are current.
- Train staff on policies and procedures for prevention of abuse, neglect, and exploitation, including reporting concerns related to suspected abuse, neglect, and exploitation by other staff members, and mandatory reporting, including use of the Hotline.
- Periodically audit staff members’ licenses and certifications to ensure that they are valid. Audit incident reports to ensure adequate investigations of unexplained injuries are conducted and addressed.
