Wrong doings reported to the state

  1. So my fiance and I are new CNA's. When we were in training, our CNA instructor told us that anyone can call the state at anytime and file a complaint against a CNA, and that even if that complaint is groundless, it will go on that CNA's record for seven years or something, and she said that no one will hire a CNA with a complaint on their record, even if there was no basis for the complaint. This scares me because working with people with dementia means they can sometimes be confused or think they've been wronged when they haven't. If a family member takes them seriously, couldn't a complaint be made against a CNA when that CNA is not at fault? Also, couldn't someone make a complaint just to be spiteful? So I want to know, is it true that the complaint stays on your record even if an investigation finds no wrong-doing?
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    About ChemStickPro, ADN, BSN, RN

    Joined: Nov '11; Posts: 86; Likes: 87
    RN; from US
    Specialty: 2 year(s) of experience in SNF


  3. by   Miiiilk
    It somewhat works like that... However it's not so much a he said/she said battle. The state does take complaints VERY seriously (all states, pretty much) but understand that nobody is perfect. They will run audits given a plausible reason and if they find you are intentionally neglecting/abusing residents then the complaint will be carded to your certificate... BUT! if they're complaining for the mere fact that they don't like the way your face looks or hate the way you strut those last season stiletto pumps then it's too bad so sad for them. They can deal.
  4. by   ChemStickPro
    I'm all for states taking complaints seriously and I know terrible things can go on when it comes to dealing with elderly patients, but my concern is just that I could be wrongly reported for something I didn't do, and then have no recourse for getting it removed from my record. My CNA instructor told us that someone who had severe dementia could tell their family that you stole their necklace or something and if the family reported it, even if it turned out you never touched the necklace or anything, it still would be on your record that you were accused of taking it. I would never do anything that would actually land me in trouble, I just don't want to get in trouble if I didn't do anything.
  5. by   yankeegirl327
    Unfortunately this is something that I wish I had thought about before becoming a CNA. It's not just residents with dementia, because their claims are not always taken as seriously, (depending on the claim) but those who seem to be with it - but may really be losing it -and accuse CNAs of things they didn't do. It's not just your record. It's your name, your income and your livelihood.
    Last edit by yankeegirl327 on Mar 5, '13
  6. by   funtimes
    This is an occupational hazard of being a CNA.

    To be honest im not actually sure if an accusation goes on your record even if you are cleared. I would imagine you would have to have been found guilty of wrong doing for it to follow you around, but then again if someone is continually being accused it could represent a pattern even if they arent found guilty, and would probably be something the state wants to keep track of. Whether or not potential employers would have access to this information I dont really know, but I doubt it.

    I have a hard time believing an unfounded allegation would follow a CNA somewhere and affect them getting hired. In the LTC facilitys I worked at, this was not exactly an unusual occurance, and I worked at facilities that got the highest ratings possible during state inspections, so its not like these were dumps. Fortunately I've never had it happen to me, at least that Im aware of, but its a real problem for CNAs and is definitely something you have to take into consideration before deciding to become one.
  7. by   LadyFree28


    You have power to make sure ANY allegation can be fought. Get liability insurance.
  8. by   yankeegirl327
    Quote from LadyFree28

    Malpractice Insurance For Nurses Aides | CM&F Group, Inc.

    You have power to make sure ANY allegation can be fought. Get liability insurance.
    I went to the link, but can't find exactly what something like this would cover, and what are the benefits of having this over nothing at all? Can someone explain further, please?
  9. by   LadyFree28
    Liability insurance is utilized to protect you if you care named in a lawsuit, or an investigation of malpractice: neglect, theft, abuse, etc. The point is to protect your certification; it's not like you desire to position yourself as a "target."

    Healthcare is a litigious process, where people like to sue or accuse people of malpractice, even nurse assistants. This link was an FYI that there is liability insurance out there. You do have a way protection. Go get liability insurance. I suggest you look at the insurances, and choose one. I've had liability and malpractice insurance for the past 12 years, even when I was a CNA.
  10. by   yankeegirl327
    Thanks for explaining!

    Sent from my iPhone using allnurses.com