Staff on Resident Sexual Abuse?

[carbaminohemoglobin]

A female CNA with well-documented mental health problems was involved in sexually inappropriate touching of a A&Ox3 male resident this evening. The resident complained and the house supervisor was notified immediately. The supervisor interviewed the resident and spoke with the CNA, banned her from the resident's room indefinitely. She told the nurses to NOT fill out an incident report and to NOT write a nurse's note. Supervisor said "they" would keep an eye on her.

The resident was more annoyed than upset with the frequent anal probing and wanted to know why she was doing it in spite of his protests. (She said she was trying to clean him, but he's completely continent and independent with ADL's.)

Apparently the CNA had an incident similar to this a few years ago. She insisted on cleaning a new patient (again, continent and independent) and "accidentally" slipped her finger into the patient's lady parts .. Several days in a row. When the patient told her family, they left the facility the same day.

She's also had to be spoken to about inappropriate touching with other co-workers. Giving frequent unwelcomed hugs, backrubs, standing to closely, etc.

I think the facility is covering for her because of her mental problems. I'm sure they believe it's all a big misunderstanding and that she has no intent to harm anyone .. But to do nothing??

This is really bugging me. Any suggestions would be greatly appreciated!

[MattNurse, MSN, RN]

If you are a nurse you are a mandated reporter and if you suspect this you should report it to the state. People should not be abused, end of story, while receiving care. This is disgusting it is not investigated by the proper authorities. Report immediately. If it is not true the investigation will determine that.

[llg, PhD, RN]

Talk to an attorney -- fast. Hire the attorney yourself so that he/she works for you and not for your employer.

This is a criminal matter (both for the perpetrator and for the facility covering it up) and you need legal advice so that you can protect yourself as you take steps to protect the residents.

[carbaminohemoglobin]

I called the ADON first thing this morning and reported the incident again. She said she had no knowledge of this and it wasn't included in the "supervisor's report" from the night before. She seemed shocked that we were told to do nothing and said she'd look into it immediately.

[llg, PhD, RN]

That sounds like a good start. Be sure you document every conversation. Have witnesses to conversations whenever possible.

And I would still be hiring my own lawyer.

[CrunchRN, ADN, RN]

I would be calling the state and the advocate for the facility residents. It is outrageous that this person should be in the facility. Period.

[just.me]

I am stunned that the cna is still there after the first incident!! I dont think i could continue to work for any organisation that would even think about trying to cover something like this up. I dont have any advice thats is different to whats given but wanted to say well done for taking it to the ADON - the world would be a better place if more people did what is right even if its the harder option.

[Nascar nurse, ASN, RN]

Have you talked to the administrator? That is usually the person with the ultimate responsibility to deal with issues of abuse. This must be reported and followed up on. This person should be suspended pending the investigation. If the investigation reveals this is true then this person should be fired. If this accusation is deemed to be accurate, this should also be reported to the CNA board for your state to keep her from caring for another dependent individual.

If true, it's just disgusting.

[carbaminohemoglobin]

I got an email from the ADON this morning. She thanked me again, told me the DON was made aware if the situation the night it was initially reported, and assured me things were being "taken care of." Not sure what that means exactly, but it makes me a little uncomfortable to know the DON was behind our instructions to do nothing. I want to give the facility a chance to fix this before I involve State. Perhaps they've fired this girl since I've been back to work. Not sure.I'm definitely fearful of retaliation.. I'm worried I will be terminated if I report to State!

[llg, PhD, RN]

You need to follow up on this. If you don't ... and they cover it up ... you could be considered an accomplice, particularly if this staff members continues to abuse/assualt the residents. You don't want that on your conscience or your legal record.

If I were sitting on a jury considering the case of the NEXT resident abused by this staff person, I would be considering you guilty of helping the abuser get away with it by your failure to report the previous case. The longer you stay quiet and allow a cover-up to continue, the more responsible you become for whatever happens next.

Have you talked with an attorney yet?

[Staragate, ADN, ASN, RN]

As a mandatory reporter, you can be charged with a FELONY for not reporting it. Since you know of the incident, you have a responsibility. Reporting it to supervisor isn't enough. Report it to 911 and Adult Protective Services.

A similar incident occurred at a school district where I live. The teacher, nurse and principal were all charged with felonies were all fired because no call was made and the girl went home to be further abused. Each thought it had been reported, but none of them made the report. All were found responsible and charged. Ask for a copy of the Mandatory Reporting form and that will cover you. If there is no form, make the call yourself. This woman is dangerous and WILL continue to abuse patients. Imagine what she does with the more vulnerable ones?!?!!

[guest358111]

Whoever the nurse was responsible for this patient (I'm sorry, I couldn't quite tell from the post) needs to go back to do a late entry into the chart for this incident. I would strongly suggest this. That the DON was notified especially needs to be charted. A late entry in such an instance such as this certainly is going to be better than none at all. If the state gets involved-which they really should, this is VERY unacceptable, things could get very sticky.

A directive not to document this sounds very shady. A incident like this is abuse, that is all there is to it. Make sure a note is written by the responsible nurse ASAP, and follow the other advice given by other posters. I wouldn't worry so much about losing a job at this facility..it will not be worth it...if this blows up there will be bigger concerns, such a nursing license. I would be strongly considering putting in my notice. I believe someone mentioned the Administrator...there should be an abuse coordinator at your facility. If it is not the DON or the ADON, and I was the nurse, I would also be talking to the abuse coordinator.