Judge reverses Agency’s decision to place a nurse on Georgia’s nurse aide registry for physically abusing a patient because of insufficient evidence.

Petitioner filed an appeal from the Agency’s proposed action to place her name on the state’s central nurse aide registry for physically abusing a nursing home resident. A resident had bruising on her arm and said someone grabbed her arm. The resident identified Petitioner as the person who bruised her, but the individual had dementia and trouble with her memory. Current and former employees testified that the resident was often confused and often flailed her arms. They also said she bruised very easily due to blood thinners. The witnesses also said it would be out of character for Petitioner to harm any resident. The only witness who said she saw Petitioner hurt the resident provided contradictory testimony that appeared less credible than the other witnesses. The Judge therefore concluded that the resident’s injuries were most likely caused by her own actions and the Agency’s action was REVERSED.