CNA
Pleads Not Guilty to Charges of Slapping 90-Year-Old Resident in
New
York Nursing Home
Police arrested a 29-year-old woman who worked as a certified nursing aide (CNA) in a New York nursing home on November 25, 2019, after the completion of police and the nursing home’s investigations—nearly a month after the incident occurred on October 19.
The accused CNA was charged with endangering the welfare of an incompetent or physically disabled person in the second degree—a Class A misdemeanor, and harassment in the second degree—a violation. The injuries inflicted by being slapped with a wet washcloth were not considered severe enough to charge the aide with assault.
The injured resident’s grandson noticed bruises on her face and filed a complaint on the day of the alleged incident. Both the police and nursing home began investigations. The nursing home leaders suspended the accused, and she then resigned. Two other employees who may have been aware of the incident and did not report it were also suspended, but have since returned to work.
According to a police spokesman, it is unclear what prompted the incident that led to the CNA’s alleged slapping of the 90-year-old somewhat disoriented resident who may have been combative.
The accused CNA pleaded not guilty to the charges, and if found guilty could face imprisonment.
The nursing home re-educated its employees on identifying and reporting abuse, residents’ rights, and caring for residents with dementia.
Compliance Perspective
Failure to prevent staff members from directing abusive behavior toward residents with dementia or mental health issues in all situations, including where a resident might exhibit resistance or combativeness toward a staff member, and failure of witnesses to report their observations, may be considered abuse and neglect and deemed provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding abuse and neglect and the prohibition of any type of retaliation by a staff member, even if a resident exhibits combative or inappropriate behavior toward the staff member.
- Train staff on abuse and neglect, residents’ rights, ways to appropriately respond to combative residents, and the regulatory requirement for reporting any incidents they may observe or learn of to their supervisor or through the Hotline.
- Periodically audit by interviewing residents with the ability to communicate and families about any concerns they may have regarding care or treatment by staff.
