Patient’s mental anguish can be inferred, based on CNA’s use of derogatory and abusive language
Docket Number: 2303021 , Decision Date: September 30, 2022
Attachment: Click here to download the decision.
In this matter, the Department of Community Health sought to place a certified nurse aide (CNA) on the Nurse Aide Registry after receiving allegations that she had verbally and physically abused a patient at a long-term care facility. The Court affirmed the Department’s findings as to the verbal abuse, which included derogatory and abusive language directed at a patient. Based on the language used and the manner in which it was spoken, the Court could infer the patient suffered mental anguish. But the Court declined to affirm the allegation of physical abuse, as the only support for this claim came from hearsay evidence.