No neglect of nursing home resident where nurse complied with training.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 1334397 , Decision Date: 2013-06-17 
Attachment: Click here to download the decision. 

Judge Brown reversed the decision of the Department of Community Health (DCH) to list Petitioner in the State Nurse Aide Registry for neglect of a resident.  The evidence demonstrated that Petitioner complied with her training and provided services as necessary to avoid harming the resident.  While the resident experienced pain during the use of a stand-up lift, discomfort is normal especially where the resident is already prone to pain and, in fact, may be unavoidable.