what to do if youre a cna accused of abuse
A nursing home corruption allegation has one of our nurse readers extremely concerned.
The nurse was accused by a nursing dwelling resident of sexual abuse, which allegedly took identify when the nurse went into the resident'due south room to check his claret sugar and administer insulin. The nurse on the previous shift — also a male — had failed to do and then.
After the resident accused him, the nurse was suspended and assistants began an investigation. He was also told he would be reported to the state board of nursing.
The nurse in this unfortunate position denies the allegations but is very concerned about how this false accusation volition affect him — and he has practiced reason to be concerned.
Nursing domicile abuse has heavy repercussions
Sexual corruption is defined as nonconsensual sexual contact of whatever type. Research and statistics indicate 83% of victims of sexual abuse reside in a intendance facility, such equally a nursing abode, according to 2018 enquiry past the National University of Elder Law Attorneys.
Moreover, a 2014 literature review of sexual abuse of older residents in nursing homes revealed both female and male person residents are victims of sexual abuse in care facilities. Perpetrators are ordinarily staff and other residents, and are mainly men, co-ordinate to a 2015 report by Norwegian researchers.
Any nurse in this situation has many legal obstacles to overcome. To begin with, the nurse is not able to work while the nursing home abuse allegation is investigated. This investigation conducted by the nursing home is crucial to what follows for the nurse.
If the allegation is establish to be untrue, he would most probable exist reinstated to his position and other legal concerns would be eliminated. If the investigation finds that the allegation is true, or likely to be true, his job is forever lost. In addition, nursing management will report him to the state board of nursing.
A third legal concern for the nurse is a criminal charge if the allegation is found to exist true. Depending on the circumstances of the abuse, the nurse could be charged with sexual battery or aggravated sexual attack, equally examples.
There as well is a possibility the family of the abused resident might sue the nurse civilly, alleging neglect of or injury to the patient because of the nurse'southward failure to maintain the standard of care with the patient.
Concluding, but by no ways least, is the potential for a professional person licensure action confronting the nurse by the state board.
Go an attorney — chop-chop
Any nurse in this state of affairs would not exist able to defend himself or herself confronting a nursing habitation corruption allegation alone. Retaining a nurse chaser or an chaser who represents employees in such cases is of the upmost importance.
The attorney can be helpful in ensuring the nursing domicile corruption investigation is done according to the nursing home's policies and is off-white and unbiased. Its findings should be provided in writing, and the investigation should be washed as apace as possible.
If the nursing home policies let, the nurse attorney or attorney would most probably advise the nurse to file a grievance considering of his firing. This would permit the nurse's denial and supporting substantiation to go a matter of record and also allow for some access to the dwelling's investigation.
How active the chaser would exist in the grievance depends on the abode's policies. Some grievance procedures allow for an active role, such as existence present and representing the nurse during the stages of the grievance, while others practice not.
If the latter is the case, the attorney tin can provide input to the nurse during each stage of the grievance. In either function, the attorney's main objective is to help the nurse truthfully defend against the assertions of nursing home abuse.
Attorney's checklist
In this case, the nurse reader stated he had a clear record and articulate background check and is well-known and respected at the dwelling. Because nursing homes are required to exercise background checks on all employees, the attorney would desire to know if the abode complied with its obligations.
A breach in the groundwork cheque protocol could hateful a potential perpetrator could have been hired and no ane was aware of his past.
Whether background checks were or were not done as required, at that place is the possibility the resident was assaulted past another male employee or male certified nursing assistant and the resident confused that person with this nurse.
The attorney as well will want to know:
- Who else was in the resident's room that evening and who else was on duty that evening?
- Were any witnesses present during the alleged set on (e.1000., roommate, other staff)?
- Was the resident interviewed well-nigh the declared set on and what did he state?
- Was the resident able to identify his assailant?
The accused nurse's documentation about checking the patient and administering the insulin also is essential.
- Was there an entry in the patient record?
- If and so, was information technology by the accused nurse?
- What time was recorded in the nursing note?
- Was there other documentation in some other resident tape that the accused nurse was in some other resident's room at the same time, thus shedding doubt on him being the perpetrator?
It is important to note that the resident's accusations cannot, and should non, be ignored. It'due south the nursing home's duty to conduct an investigation and fulfill its obligations to residents when such an accusation is made.
Yet, beingness falsely accused of sexual assault by a patient or resident is a serious accuse with long-lasting legal and ethical ramifications.
For a nurse in such a state of affairs, legal counsel is necessary to clear your proper noun and your reputation. Moreover, a successful outcome at the investigative level eliminates further legal proceedings that must be defended confronting.
Take these courses related to intendance of the elderly and nursing home residents:
Elder Abuse: Mistreatment of Older Americans on the Rise
(1 contact hour)
In 2015, 15% of the U.S. population was over the age of 65. It is projected by 2060 the population of older Americans will have doubled. Enquiry data estimates i in 10 older American adults accept experienced at least one grade of elder abuse. Nurses and other healthcare providers are well-placed to find situations of potential abuse and to connect the patient and family unit with community resources.
Update: Stopping Abuse and Fail in Nursing Homes
(1.five contact hrs)
Past 2060, 98 million Americans will be age 65 or older. The future increase in the aging population suggests that more elderly and disabled people will stay in a nursing home at some signal in their lives, making it fifty-fifty more than important for nursing homes to be safe places for residents. Within a two-year period (1999-2000), Congressional investigators found that ane in three U.S. nursing homes was cited for an abuse violation, and corruption in 256 nursing homes across the country was and so serious that it put elderly lives in jeopardy or resulted in death. Factors contributing to abuse and ways to identify, respond to, and preclude abuse are discussed.
For Nurses New to Home Care
(1 contact hr)
More 60% of RNs are employed in acute care settings. The demand for home intendance nurses will keep to grow equally the U.S. population ages and the number of chronic conditions that the elderly must manage increases, which will assist them stay out of acute care facilities and reduce re hospitalization. This continuing educational activity action will provide nurses with an overview of the homecare nurse practise and introduce them to another career option. This activity volition assist acute care nurses empathise how a referral to dwelling house intendance can do good patients who qualify for home healthcare services.
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Our legal data columnist Nancy J. Brent, MS, JD, RN, received her Juris Dr. from Loyola Academy Chicago Schoolhouse of Law and concentrates her solo law do in wellness law and legal representation, consultation and educational activity for healthcare professionals, schoolhouse of nursing faculty and healthcare delivery facilities. Brent has conducted many seminars on legal issues in nursing and healthcare delivery beyond the country and has published extensively in the area of law and nursing practice. She brings more than 30 years of experience to her function of legal data columnist. Her posts are designed for educational purposes merely and are not to exist taken equally specific legal or other advice. Individuals who need advice on a specific incident or work state of affairs should contact a nurse chaser or attorney in their state. Visit The American Association of Nurse Attorneys website to search its attorney referral database by country.
Source: https://www.nurse.com/blog/2019/10/14/nursing-home-abuse-allegation-makes-rn-fear-career/
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