The confrontation occurred in a hallway where the resident had ended up on the floor, kicking and biting staff members who were attempting to provide care. Multiple witnesses confirmed the nurse's profanity and physical response to being kicked.
CNA #2 witnessed the entire incident from the hallway. During a phone interview with federal inspectors on August 27, she described the resident as "confused, fighting, hitting, kicking, and biting at staff." She said staff members were trying to block the resident from hitting and kicking while attempting to calm her down.
The resident managed to kick LPN #1 in the stomach. That's when the nurse called the resident a "stupid b*" and pushed the resident's leg back toward her head, according to CNA #2's account.
In a written statement provided to the facility administrator, CNA #2 was more direct about her colleague's behavior: "I love LPN #1 to death, but she went entirely too far when Resident #1 kicked her. Then she called her a stupid b."
CNA #2 confirmed she had texted the administrator about the incident. She also denied telling facility leadership that she had been at the nurse's station during the confrontation, clarifying that she was actually present in the hallway and saw everything unfold.
LPN #2 worked the same shift and heard the profanity from another location. During her phone interview with inspectors on August 27, she said she recalled the resident "being confused, resisting care, and fighting, kicking, and biting staff." She confirmed hearing LPN #1 use profanity during the incident.
"While she did not view it as cursing at the resident, she acknowledged that profanity and blocking movements could have made the resident feel threatened," according to the inspection report.
LPN #2's written statement to administrators was more concise: "On 7/28/25 approximately 1900, LPN #1 did use profanity to get patient to stop kicking."
The nurse at the center of the incident told a different story when questioned by facility leadership. According to an interview summary conducted by the administrator and director of nursing, LPN #1 said she heard a commotion and found the resident on the floor in the hallway, kicking and biting.
LPN #1 denied using profanity during the situation. She acknowledged pushing the resident's leg but characterized it as defensive blocking while the resident was trying to kick her and the CNAs.
The facility launched an investigation following the incident report. On August 5, administrators issued a Progressive Discipline Form for LPN #1 documenting their findings.
"On 7/28/25 it was reported that profane language was used with a resident. It was also alleged that physical force was used with the resident," the disciplinary form stated. "Upon completion of the investigation, it was determined that profane language was used; however, no improper force was substantiated."
The determination that no improper force occurred contradicts the detailed accounts from both CNAs who witnessed the incident. CNA #2 specifically described seeing LPN #1 shove the resident's leg back toward her head after being kicked.
All staff members involved in the incident had recently completed mandatory training on abuse and neglect. Records show LPN #1, LPN #2, CNA #1, and CNA #2 attended the in-service training on July 1 and signed the attendance sheet, just 27 days before the hallway confrontation.
The training apparently covered proper techniques for managing resistant residents, making the nurse's response particularly concerning to federal inspectors who reviewed the case.
Federal inspectors classified the violation as causing "minimal harm or potential for actual harm" affecting "few" residents. However, the incident raises questions about staff training effectiveness and the facility's investigation process.
The resident involved in the incident was described consistently by staff as confused and exhibiting care resistance behaviors including fighting, hitting, kicking, and biting. These behaviors are common among residents with dementia and other cognitive impairments.
Professional nursing standards require staff to maintain therapeutic relationships with residents even during challenging care situations. Using profanity toward a confused resident violates basic dignity and respect principles that govern long-term care.
The discrepancy between witness accounts and the facility's internal investigation findings suggests potential gaps in the administrative review process. Two staff members provided consistent accounts of both verbal abuse and physical retaliation, while the facility concluded only the verbal component was substantiated.
CNA #2's willingness to report the incident despite her stated affection for the nurse involved demonstrates the seriousness of what she witnessed. Her text to the administrator and subsequent detailed accounts to both facility leadership and federal inspectors remained consistent throughout the investigation.
The timing of the incident, occurring during an evening shift when staffing levels are typically reduced, may have contributed to the stressful situation that led to the nurse's inappropriate response.
Diversicare of Eupora must now address both the individual staff member's conduct and the broader systemic issues revealed by the incident. The facility's investigation process will likely face additional scrutiny given the contradictory findings compared to witness statements.
The resident who was called a "stupid b*" and had her leg shoved back toward her head remains at the facility, where staff continue providing her daily care despite her documented confusion and resistance behaviors.
Full Inspection Report
The details above represent a summary of key findings. View the complete inspection report for Diversicare of Eupora from 2025-08-28 including all violations, facility responses, and corrective action plans.