Name calling constituted abuse where nursing home resident suffered mental anguish.

Topic: Nurse Aide Registry, Decided by Judge Kennedy 
Docket Number: 1337175 , Decision Date: 2013-09-19 
Attachment: Click here to download the decision. 

Petitioner’s name may be entered on the state’s Nurse Aide Registry based on a finding of abuse, but not neglect.  Petitioner acted abusively by calling a resident a name that caused her mental anguish.  However, Petitioner did not neglect the resident when she applied a non-medicated cream instead of a medicated cream.  The resident’s care plan indicated that a non-medicated lotion would suffice to address the resident’s condition, and there was no evidence of mental anguish because of insufficient care.