Dundee Manor, LLC in Bennettsville, SC, has been cited after state investigators found that the facility “failed to ensure resident[s] were free from abuse.” In this situation, a CNA (Certified Nursing Assistant) punched a resident suffering from Dementia in the face after the resident became combative.

According to the facility investigation of the incident, a CNA and CNA in training were in the resident’s room administering care when the resident became combative and hit the CNA. The CNA in training witnessed the CNA respond by punching the resident in the face twice, bloodying the resident’s nose and mouth. The CNA called another CNA in the room and initially told them the resident “hit their head on the bed.” They eventually admitted to hitting the resident. The CNA in training and other CNA reported the incident to the facility administrator and DON (Director of Nursing) immediately.

The CNA who struck the resident clocked out and left Dundee Manor immediately following the incident. Statements were taken from the CNA called in after the incident and CNA in training who witnessed the incident. The CNA who struck the resident refused to answer any calls regarding the incident. The facility contacted local law enforcement and sent the resident to the hospital for evaluation.

The facility asked the accused CNA to return for a drug test because they suspected the influence of drugs or alcohol. The CNA cooperated, however, the “urine specimen provided did not have a high enough temperature to be utilized,” so the test was inconclusive.

The police initially stated that the CNA was acting in self-defense and declined the case. After the facility administrator notified the sheriff that “all staff, including CNAs, were trained to walk away and not retaliate when residents become combative,” the sheriff agreed the situation had originally been mishandled by the police. The sheriff notified the facility administrator that they would request a warrant for the CNA’s arrest, but since it was Friday, it likely wouldn’t happen until Monday because it was the weekend.

Before the CNA was arrested, the facility administrator was notified that the CNA had been hospitalized after a car accident the CNA had caused. It is believed the CNA had been driving under the influence of alcohol and another unknown substance. The Facility Administrator fired the CNA over the phone. They were later arrested and charged for assaulting the resident.

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About the Author

Mark Joye is the Head of the Litigation Department at the Joye Law Firm. A Board-Certified Trial Advocate with nearly 30 years of litigation experience, he currently serves on the Board of Governors for the American Association for Justice and is a past president of the South Carolina Association for Justice. In a recent trial, Joye headed a trial team that secured $17 million for a family killed in a tractor-trailer accident.

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