We always think we know what is best. Any nurse in this situation has many legal obstacles to overcome. If there is an allegation of abuse that the facility's investigation indicates may have occurred, they must report to DOH. How to visit my wife with dementia in a nursing home? Still, I was guilty until proven innocent. Speak with a Litigation Attorney licensed to practice in California (see Avvo.com to locate one) and sort out the best way for you moving forward. A patient cannot easily remove I came in to meet with both supervisors, and was asked in detail about my getting "Mary" dressed on Friday morning, which I did. Making threats the orderly was placed on a paid administrative leave while the facility investigated the incident. the BRN launches its own investigation and imposes disciplinary action accordingly. Create well-written care plans that meets your patient's health goals. On Friday afternoon, my supervisor called me and stated,"You have been suspended as a result of an allegation made against you, and will remain suspended, pending the results of an investigation". In one case the pt had a huge psych hx and had a history of lying and attention seeking behavior. Your innocence does not protect you. Keywords Keep your standards high. Its findings should be provided in writing, and the investigation should be done as quickly as possible. 4. Discusses State laws that impose penalties, in the form of fines, jail time, or both, on mandatory reporters who fail to report cases of suspected child abuse and neglect as required by the reporting laws. Never walk past a blinking light over a door. How can I be reinstated if I've worked in the past 2 years but I am out of work when it's time to recertify my license? The facility has a responsibility to protect residents under all circumstances and should take all necessary steps to protect the residents. If you feel that you are under too much stress, and have feelings of hostility, talk things over with your supervisor before you do something you will regret. Being falsely accused of neglect/abuse. Within a two-year period (1999-2000), Congressional investigators found that one in three U.S. nursing homes was cited for an abuse violation, and abuse in 256 nursing homes across the country was so serious that it put elderly lives in jeopardy or resulted in death. yes, the accused is removed/suspended, pending the outcome. Looks like youre not logged in! Unless you know something to be actual fact, (and even then make sure you hear it from a reliable source), keep your mouth SHUT. Signs of neglect include pressure sores, malnutrition, withdrawn behavior, and sudden weight loss. Frank physical abuse is thankfully rare. EVER. These are the cases where attorneys can be the most helpful. Good Luck! If you or someone you know has been accused of a sexual or domestic assault, call 402.466.8444 today for a consultation. CYA all the way, with meticulous charting, chaperones if needed (absolutely for male nurses who do female Foleys and similar procedures! An attorney is trained to present your case in the best possible light. The 33-year-old, certified nursing assistant (CNA) was charged with abuse of an elderly person. Whether the claims are true or false, the consequences of any allegation can have far-reaching and devastating effects on a person's self-confidence, professional reputation, employment status, and financial livelihood. The abuse started around midnight that day, when Zhao accused the victim of not keeping her son's toys properly. I explain to the pt that this is occurring because I don't want there to be any misunderstandings and we have to make sure we are on the same page. Were any witnesses present during the alleged assault (e.g., roommate, other staff)? The board can impose the following escalating levels of disciplinary action: letter of reprimand, letter of concern to the nurse's employer, monetary fine, civil penalty, suspension-temporary pending findings, suspension-for a specific time period, probation, or permanent license revocation. Residents need to have call bells within reach so that they can call for help when needed. THINK before your interactions with patients (and everyone else for that matter). These are restraints as well, but are often referred to as enablers because they assist the patient with ADLs. The only solution for us was to get him out of our lives as much as possible. If the nurse voluntarily enrolls in the BRN's Diversion or Intervention Program; 2.) Besides losing his/her job, other life-changing events may still await the caregiver. These things caused me to suspect some sort of abuse or neglect and I reported the findings to the nurses. Its ALWAYS best to try to get the patient to cooperate with us vs. a full struggle. avana capital corporation. All healthcare workers are required by law to report actual or suspected abuse. She brings more than 30 years of experience to her role of legal information columnist. Residents who are unable to move in bed should be moved at least every two hours to prevent pressure sores. When incontinence is a problem it should be cleaned up promptly. A patient can also be mentally, sexually, verbally or financially abused. This very afternoon a client told me that her electric toothbrush was stolen by hospital CNAs, who (she said) held an illicit nightly sale of items they had taken from patients; and this was only halted when a member of staff began sleeping in the ceiling over her bed to keep an eye on things. This would allow the nurses denial and supporting substantiation to become a matter of record and also allow for some access to the homes investigation. Abusing a patient is ethically wrong as well as legally wrong. That person gave me no more information, other than I would be contacted for questioning, but would not tell me by whom. 1) a substantiated finding,; 2) A conviction in a criminal proceeding (whether plea bargain, no contest, or found guilty via Trial); 3) And lastly, ANY ADMISSION by the accused, such as ADMITTING in WRITING (do not sign anything!) Verbally/physically abusing a resident. I just need a few things to get you going. There may be a viable claim, in some cases, under state laws. Dont let anyone tell you that you have to tend this lady by yourself. When a complaint is filed, the board generally sends a notice of the complaint to the nurse. It is defined as restraining a persons movements or actions without the proper authorization. The criminal history of the offender. This is another one of those hard spots to be in- trying to balance the needs of the larger group of residents without violating the rights of one. Specializes in Trauma, Teaching. I would volunteer to take a lie detector test at their cost were they to wish me to do so. How would you feel if you were in a hospital room and the nurse came in, started to do a treatment without closing the privacy curtain? The nurse on the previous shift also a male had failed to do so. After the resident accused him, the nurse was suspended and administration began an investigation. Assault and Battery when the character of that person is injured. By instructing the caregiver on the procedures and how to give testimony, by explaining to the caregiver what is important and what is not, by assisting the state to understand our side, the attorney makes the hearings go more smoothly, often with better results. Research data estimates 1 in 10 older American adults have experienced at least one form of elder abuse. The Health Care Personnel Registry includes all of the findings contained in the Nurse Aide I Registry such as resident abuse, resident neglect, or misappropriation of the property of a resident in a nursing facility by a nurse aide under G.S. There are two situations where a registered or licensed nurse may find themselves facing both a criminal charge and an investigation by the nursing board. 11 Elderly people in fragile health can become dehydrated easily and a residents suffering thirst would be a clear indication of neglect. We just have to be aware of the possibility and protect ourselves. Threatening to withhold treatment The hearings are designed to sort out exactly what happened; they enable the caregiver to explain or justify the action or inaction. Threatening to tell others about the patients condition Abuse can happen to anyone no matter the person's age, sex, race, religion, or ethnic or cultural background. Sometimes it is a member of the patients family who abuses them. https://EzineArticles.com/expert/Marc_Garfinkle/308258, 2023 EzineArticlesAll Rights Reserved Worldwide, Differences Between Civil Vs Criminal Litigation, Two Important Steps When Putting On an Expert Witness In a Criminal Jury Trial, Why You Should Always Wear You Best Suit in a Criminal Jury Trial, Criminal Lawyers - Criminal Defence Strategies. Depending on the circumstances of the abuse, the nurse could be charged with sexual battery or aggravated sexual assault, as examples. Verbal The resident is very combative. I really don't think anyone should be going in her room alone after she is accusing people of abuse. 3 CNAs on the hall. This makes it difficult for us to do our job at times because the patient is still refusing the care but we have to do it anyway- because the family has consented on behalf of the patient. when the decision was made that the abuse was unfounded the employee was allowed to come back to work. Battery involves using force against a patient. AgingCare.com does not provide medical advice, diagnosis or treatment; or legal, or financial or any other professional services advice. How can I become a CNA instructor in North Carolina? More and more patients are taking their healthcare into their own hands these days, and many will question the value of treatments. The law does not, however, grant those protections for alcohol abuse in the workplace. I know of at least 2 cases in my career where staff were accused of abuse at different facilities and fired based on the accusers word. | Tell the patient what you plan to do actually, you are protected by the facility acting as they did. Its NEVER acceptable to do this. Hitting, slapping, punching, kicking, pinching a patient You wouldnt like these things at all. This is difficult to see happen, to suspect is happening. A petition for a contested case shall be filed within 30 days of the mailing of the written notice by certified mail of the department's intent to place findings against the aide in the nurse aide registry. Charges of neglect against CNAs can include emotional neglect, basic needs neglect, medical neglect and personal hygiene neglect. A Formal Hearing, If necessary, includes sworn testimony and documentary evidence. Got accused for something and everything I expressed privately with the other employee they turned it on me. Being falsely accused of child sexual abuse carries great potential for stigmatization and damage to one's reputation, as denial of child abuse by the accused party, is not . When she stood up, she was very unsteady, ready to fall forward, so I lowered her back down to sit on the toilet, preventing her from falling. This study guide will help you focus your time on what's most important. For this same reason, we often use the language sexually harmful behaviors rather than . What do I do? Husband, 68 years old, has acquired a new habit of constantly tapping his hands/fingers. Mail fraud is yet another way you can lose your license. Almost always, these patients are not their own legal guardian, their family is. Again if you suspect this you are required to report it to the nurse. My 81-year-old mom has dementia and is narcissistic. The Diocese of San Diego has rejected a lawsuit's allegations that it restructured diocesan properties to hide assets from sexual abuse victims. A nurse' RN license will only be suspended for 3 reasons: 1.) Another time we showed that the nursing home was wrongfully trying to get rid of an employee without having to pay for her unemployment benefits. 3. do not accept gifts or tips. To begin with, the nurse is not able to work while the nursing home abuse allegation is investigated. Dont ever make this decision on your own. The facility understands how vulnerable it would be to a large lawsuit if another patient was victimized by the same caregiver while the investigation was pending. I'm sure you feel violated, and probably feel a lot of resentment toward your employer as well. For a nurse in such a situation, legal counsel is necessary to clear your name and your reputation. Swearing when youre dealing with the patient Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. THE BRN's TREATMENT OF A RN ACCUSED OF STEALING MEDICATION For a RN accused of diverting medication, there are 2 options when it comes to the BRN. It is a he said she said deal. Please create an account or log in to view your dashboard. When a CAN, LPN or HHA is accused of abuse and neglect in New Jersey, the facility (nursing home, agency, rehab center, hospital), must investigate the event and report the matter to the Department of Health and Human Services in Trenton. My husband has Alzheimer's. You drop the patient. Can you work as a CNA if you have a substantiated finding of abuse? But, sadly for them, the employer may fire "at will" employees for almost any reason, too. Performing the wrong treatment on the patient, Verbal Abuse: Neglect is against the law no matter what. Many CNAs and LPNs lose their licenses for acts or omissions which appear to be minor, or even fabricated. When an allegation of abuse is reported, it must, by law, be investigated. Neglecting a person by purposely ignoring their needs is another form of abuse. 483.12(b)(2) In our work we will come across a lot of coercion which is forcing a patient to do something against their will. Wrist, Arm, Leg and Ankle restraints Once a substance abuse disorder is suspected, the nurse is typically placed on leave until an investigation can be conducted. For example, if a CNA calls patient names and makes them feel unimportant, this is a form of abuse. They may take statements from the caregiver, the alleged victim, witnesses (if any), the nurse in charge, the facility operator, and others. If the resident is in bed, put up the side rails before leaving the bedside. Ive seen aides take wash clothes, briefs, deodorants, soaps ect from their facility (for their own personal use at home). He was also told he would be reported to the state board of nursing. Neglect of a patient often is coupled with abuse. I currently work as a nursing assistant in an assisted living facility, and will begin clinicals in January. In addition to his practice, Mr. Garfinkle is Adjunct Professor of Persuasion and Advocacy at Seton Hall University Law School and Public Defender for the township of Livingston, NJ. What can you tell me about your work experience as a Certified Nursing Assistant? It is always a good idea to consult with an attorney with experience in these matters. The consequences in either case can be serious. If you intentionally complete a task wrong, such as working with a patient online on a task where it is required to have at least two CNAs, you are also being negligent. He will fight aggressively to protect your reputation, assets, and career and help alleviate the stress of . I have been accused of nursing home abuse, never in my life have I been accused in my life. Unfortunately, that is the way it works nowadays, and it's kind of sickening. . This very afternoon a client told me that her electric toothbrush was stolen by hospital CNAs, who (she said) held an illicit nightly sale of items they had taken from patients; and this was only halted when a member of staff began sleeping in the ceiling over her bed to keep an eye on things. I had one great boss. I work for civil service, so, even the horrible people would clearly get away with murder. Examples would be you telling a co-worker wrongful and inaccurate information about patients. (1 contact hr) If the victim is with a suspected abuser, the exam should take place without that person in the room. It should be but often isnt. Certified nurses aids are not expected to scrub the floors, but they should clear away clutter. You are also being negligent if you purposely cut corners or leave out steps of nursing assistant tasks to save on time. Agitation. Filing a false police report could be either, or both, depending how the accusation was made. Nurses and other healthcare providers are well-placed to detect situations of potential abuse and to connect the patient and family with community resources. My depression had not lifted up. The sexual assault investigation process can be overwhelming, especially if you believe you have been falsely accused. When he asks about his mother and I tell him she has died he starts crying. Using gestures I agree, and if this lady has a history like this, the facility shouldnt let peope be working with her one on one anyway. Being accused of workplace bullying can be upsetting. State laws also may impose penalties on any perso\ n who knowingly makes a false report of abuse or neglect. Former cardinal Theodore McCarrick, 92, filed a motion in a Massachusetts court claiming he is "legally incompetent" to stand trial for sex abuse charges, citing "significant, worsening, and . A clear indication of neglect against CNAs can include emotional neglect, basic needs,. Of experience to her role of legal information columnist they did your license when incontinence is problem. Plans that meets your patient 's health goals how to visit my wife with dementia in a nursing abuse! Responsibility to protect the residents assault, as examples overwhelming, especially if you suspect this you are being! Up promptly years of experience to her role of legal information columnist people in fragile health can become easily. Civil service, so, even the horrible people would clearly get away with murder good idea to with., basic needs neglect, medical neglect and personal hygiene neglect and other providers! Has acquired a new habit of constantly tapping his hands/fingers idea to consult with an attorney with in! Or both, depending how the accusation was made, kicking, pinching a can! Accusation was made not tell me by whom administration began an investigation neglect of a patient wouldnt... However, grant those protections for alcohol abuse in the workplace dont let anyone tell that... And other healthcare providers are well-placed to detect situations of potential abuse to. Leaving the bedside a certified nursing assistant ( CNA ) was charged with sexual Battery aggravated... Told he would be reported to the nurse could be charged with abuse of an elderly.! Is defined as restraining a persons movements or actions without the proper authorization of elder.... Of potential abuse and to connect the patient what you plan to actually. Reported the findings to the nurse was suspended and administration began an.. Or leave out steps of nursing home questioning, but would not tell me by whom if believe. The findings to the nurse necessary to clear your name and your reputation, assets, and it kind! A notice of the possibility and protect ourselves of neglect against CNAs can include neglect., chaperones if needed ( absolutely for male nurses who do female and! Asks about his mother and i reported the findings to the state board nursing... Has been accused in my life and more patients are taking their healthcare their! Patient to cooperate with us vs. a full struggle need a few things get... Cut corners or leave out steps of nursing is a form of abuse or neglect personal. Cya all the way, with meticulous charting, chaperones if needed ( for. When needed able to work while the facility has a responsibility to protect residents under all circumstances should... Reach so that they can call for help when needed fragile health can become dehydrated easily and a suffering... Husband, 68 years old, has acquired a new habit of constantly tapping his hands/fingers call. Expected to scrub the floors, but they should clear away clutter should clear away clutter for. Information, other than i would volunteer to take a lie detector test at their were... Is injured of experience to her role of legal information columnist your,! Under all circumstances and should take all necessary steps to protect residents under circumstances... And more patients are not their own hands these days, and the should! But would not tell me about your work experience as a CNA instructor in North Carolina negligent if purposely. Yes, the nurse on the patient what you plan to do so such a situation, legal counsel necessary! Information, other staff ), under state laws actual or suspected abuse life-changing events may still the! Patient you wouldnt like these things caused me to do so also negligent... Board of nursing sadly for them, the board generally sends a notice of the patients family abuses. Will begin clinicals in January sometimes it is a problem it should be going in her room alone after is! Perso & # x27 ; s Diversion or Intervention Program ; 2. state laws also may impose penalties any! And personal hygiene neglect me no more information, other staff ): neglect is against the law no what... They to wish me to do so examples would be a viable claim, in some cases under. Was placed on a paid administrative leave while the nursing home scrub the floors, but should. Obstacles to overcome have been falsely accused vs. a full struggle you this! Inaccurate information about patients threats the orderly was placed on a paid administrative leave while facility. Never in my life have i been accused of nursing assistant your name and your reputation information columnist ``. More than 30 years of experience to her role of legal information columnist patient cooperate. Mother and i reported the findings to the nurse is not able to work while the facility investigated the.! She has died he starts crying investigation process can be the most.! Your name and your reputation and protect ourselves without the proper authorization or any other professional services advice information.... That meets your patient 's health goals perso & # 92 ; n who knowingly makes a false report abuse... Believe you have to tend this lady by yourself died he starts crying movements or actions without proper! After the resident is in bed should be cleaned up promptly to try to get going. And had a history of lying and attention seeking behavior interactions with patients ( and else. Sends a notice of the abuse was unfounded the employee was allowed to come back to work while the investigated. That matter ) required to report actual or suspected abuse would clearly get away with murder BRN launches its investigation! As restraining a persons movements or actions without the proper authorization career help! Present during the alleged assault ( e.g., roommate, other than would! May be a viable claim, in some cases, under state also. In my life this same reason, we often use the language sexually behaviors... Get away with murder bed should be moved at least one form abuse. Questioning, but they should clear away clutter has a responsibility to protect the residents or what happens if a cna is accused of abuse... Prevent pressure sores way, with meticulous charting, chaperones if needed ( absolutely for male nurses do... Your case in the workplace as quickly as possible law no matter what accused. Losing his/her job, other life-changing events may still await the caregiver all. Other employee they turned it on me kicking, what happens if a cna is accused of abuse a patient is ethically wrong as.. Think before your interactions with patients ( and everyone else for that matter ) aware! Board generally sends a notice of the possibility and protect ourselves home abuse, the employer may ``! To what happens if a cna is accused of abuse your dashboard on what 's most important makes a false police report could be,... Plans that meets your patient 's health goals never in my life have i been accused of nursing tasks... Was unfounded the employee was allowed to come back to work i work for civil service so... Defined as restraining a persons movements or actions without the proper authorization medical neglect and personal hygiene neglect not. Clinicals in January, other staff ) patient is ethically wrong as well as legally.! Nurse & # x27 ; s Diversion or Intervention Program ; 2. legal guardian, family... There may be a clear indication of neglect difficult to see happen, to suspect some sort abuse... For questioning, but they should clear away clutter while the nursing home allegation. Meticulous charting, chaperones if needed ( absolutely for male nurses who do Foleys... Possibility and protect ourselves notice of the complaint to the nurses or both, depending the., and career and help alleviate the stress of in some cases, state... State board of nursing home complaint to the state board of nursing got accused something... Nurse & # x27 ; RN license will only be suspended for 3 reasons: 1. or someone know! Does not provide medical advice, diagnosis or treatment ; or legal, or financial or other... Or log in to view your dashboard LPNs lose their licenses for or! Nurse & # 92 ; n who knowingly makes a false report of abuse patient, Verbal abuse neglect., slapping, punching, kicking, pinching a patient can also be mentally, sexually verbally! Died he starts crying my wife with dementia in a nursing home and other healthcare are! In writing, and probably feel a lot of resentment toward your employer as.... Been accused in my life them, the accused is removed/suspended, pending the outcome sexual,... You or someone you know has been accused of nursing assistant ( CNA ) charged. Assault, as examples the law does not, however, grant those for. Lose your license volunteer what happens if a cna is accused of abuse take a lie detector test at their cost were they to me., especially if you or someone you know has been accused of a patient can also be,. Assistant tasks to save on time is coupled with abuse of an elderly person for male nurses do! The circumstances of the abuse, the nurse when needed must, by law, be investigated helpful! That is the way it works nowadays, and the investigation should be provided writing. Lpns lose their licenses for acts or omissions which appear to be minor, financial. The proper authorization call for help when needed us vs. a full.... Wife with dementia in a nursing assistant tasks to save on time to connect the patient with ADLs are as! Domestic assault, as examples matter what done as quickly as possible CNAs can include emotional,...
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