CNA’s comments to patient about zipping up her jacket did not rise to level of verbal abuse  

The Court reversed a decision by the Department of Community Health to place a certified nurse aide (CNA) on the state’s Nurse Aide Registry.  At the hearing, conflicting accounts were presented about the CNA’s response to a patient’s request for help, with some versions stating the CNA told the patient she could zip up her own jacket, and other accounts having the CNA use more disparaging language.  The Court ultimately concluded there was insufficient evidence to prove the CNA’s comments caused the patient pain or mental anguish that would rise to the level of verbal abuse.