Attorney General Matthew J. Platkin, the Division of Criminal Justice (DCJ), and the Office of the Insurance Fraud Prosecutor (OIFP) announced on September 16, 2025, that a licensed practical nurse (LPN) and a certified nursing assistant (CNA) have been charged in connection with the alleged assault of an elderly resident at a nursing home in Ocean County, New Jersey.
The LPN, 56, of Manchester, New Jersey, was indicted by a state grand jury on September 9, 2025. She faces two counts of aggravated assault (2nd and 3rd degree), possession of a weapon for an unlawful purpose (3rd degree), neglect of an elderly or disabled adult (3rd degree), and assault on an institutionalized elderly person (4th degree). The CNA, 34, of Brick, is charged in the same indictment with one count of neglect of an elderly or disabled adult (3rd degree).
According to documents filed in the case, the incident occurred on March 19, 2025. The elderly resident, who suffers from dementia, depression, and anxiety, had reportedly engaged in destructive behavior, including pulling a computer mouse and phone receiver by their cords and striking a nursing cart. Around 8:00 p.m., he was seen walking away from the nurses’ station while still holding the phone and mouse.
Investigators allege that the LPN approached the resident and sprayed him at close range with her personal oleoresin capsicum (OC) spray as he attempted to shield himself. She then sprayed him a second time and left him lying on the floor. He remained unattended for several minutes before managing to crawl to his feet and enter another resident’s room.
It is further alleged that the LPN and CNA forcibly moved the resident back to his own room, where he remained without medical assistance until police and emergency medical personnel arrived at 8:53 p.m. The resident was treated at the scene and transported to a nearby hospital.
Compliance Perspective
Issue
Facilities must ensure that staff are properly trained to manage challenging behaviors commonly associated with cognitive and mental health conditions. Staff are expected to maintain professional conduct at all times, including during incidents where residents may become agitated or resistant to care. The Centers for Medicare & Medicaid Services (CMS) emphasizes that any form of physical retaliation or excessive force toward residents is never acceptable. Responses to resident behavior must be grounded in professional training and a person-centered approach to care.
Discussion Points
- Review your policies and procedures related to the prevention, identification, response, and reporting of abuse, neglect, and mistreatment. Ensure they are aligned with current regulatory expectations and best practices, and update them as necessary. Consider collaborating with a consultant to assist with policy review, provide regulatory guidance, or conduct a focused assessment of current practices in preparation for survey readiness.
- Provide ongoing education and training to staff on recognizing and preventing abuse, including inappropriate physical responses and excessive force. Training should emphasize appropriate de-escalation techniques and person-centered responses to residents who demonstrate aggression or resistance to care. Education should be part of new employee onboarding and reinforced at least annually. Med-Net Academy offers the course Freedom from Abuse, Neglect, and Exploitation, which covers types of abuse that may occur in long-term care settings, the roles and responsibilities of staff in recognizing and reporting abuse, and the importance of early intervention. The course helps ensure staff understand their duty to identify and report concerns promptly and appropriately.
- Audit staff understanding of proper procedures when a resident resists care or displays aggressive behavior. Confirm that staff are aware of reporting protocols, including how to use the anonymous hotline. Facilities may benefit from periodic third-party assessments or mock audits to identify knowledge gaps and ensure frontline staff are prepared to respond appropriately and report concerns in real time.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*