Med Tech Threatened Me With Scissors After Refusing To Follow Medication Protocol. Witness Lied To Police. Facility May Not Terminate. Legal Options?

Location: Georgia, US

I have a family member with a brain injury in a nursing home. Because of the injury, medication administration protocol is extremely important. If we deviate from the process, they can become confused or afraid and refuse to take their medication. That can be life-threatening due to seizure risk, and it causes a much lower functioning level the next day, which leads to more issues with medication—it snowballs.

The correct protocol is simple: one pill at a time offered on an open hand, wait for them to swallow, repeat. This is heavily documented in their care plan. I have had more meetings with staff about this than I can remember—calls, emails, meetings ongoing for months.

There have been incidents where no medication was given because it was offered incorrectly, the resident became confused and refused, and the medication was documented as "refused." This does not happen all the time, only when they are tired, have low blood pressure, have an infection, or are overwhelmed. It has gotten better, but it is still a significant risk—a risk I don't want them taking, especially when it is so easily avoided.

Upper management has entered this into the MAR, conducted training, held staff meetings, etc. Some staff still refuse to follow it.

Yesterday, a med tech refused to follow the protocol. When I asked her to get another nurse to administer the meds properly, she refused. The situation escalated, and she threatened me with a pair of scissors in the hallway.

A male CNA witnessed this. Both the med tech and the CNA lied to police about what happened. Because they both lied, the police refused to file a report. In my state, this meets the definition of simple assault under state law.

I do not think this employee should continue to be employed there. If she would behave that way toward me in a common area, how would she behave in a private room with a patient?

I sent a formal letter to the facility demanding her immediate termination and stating that if they keep her, I will consider it negligent retention. I also filed a complaint with the state health department (HFR). But I am not confident the facility will actually fire her.

What legal options, if any, do I have?