Former Nursing Assistant Guilty of Assaulting New Hampshire Nursing Home Resident
A 19-year-old former nursing assistant was found guilty of simple assault and abuse of a nursing home resident in a local district court. The aide made a “recording of herself putting her hand over a 92-year-old resident’s mouth to prevent the resident from speaking.” She then showed the photographs to some of her co-workers. When questioned, the reason the defendant gave for her abusive action was that the resident was acting “extreme.”
The nursing home’s staff reported the incident to the local police after an employee in an area retail store notified the facility that she saw the aide display the recording on her phone to someone in the store.
The police investigated the incident and charged the aide with simple assault and abuse of a nursing home resident.
The aide was sentenced to six months in jail and a $500 fine for the assault conviction. On the charge of abuse, the aide was sentenced to nine months in jail. All but 90 days of her sentence were suspended, and she will be on probation for two years after she serves the 90 days. Both of the charges are Class A misdemeanors. Because the aide is appealing her convictions, she will not be serving her sentence during the appeal process.
Compliance Perspective
Failure to prevent staff members from physically assaulting and mistreating residents, and taking and publicly showing unauthorized photographs, may be considered abuse in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding the prevention of assault and abuse of residents, and residents’ rights to privacy regarding the taking and public display of photographs.
- Train staff on the facility’s policies and procedures regarding assault, abuse, and unauthorized taking and displaying of photographs. Also, review staff members’ responsibilities for mandatory reporting of any suspected incidents of assault and/or abuse and taking of unauthorized photographs.
- Periodically audit by interviewing residents who can communicate about any unreported incidents involving rough treatment by a staff member and/or the taking of photographs without permission.
