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Certified nurse aide’s refusal to clean and dress total care patient constituted neglect.

Topic: Nurse Aide Registry, Decided by Judge Woodard 
Docket Number: ***** , Decision Date: 2014-08-06 
Attachment: Click here to download the decision. 

In an incident at a nursing home, Petitioner, a certified nurse aide (CNA), refused to clean and dress a resident, who was totally dependent on staff members to perform activities of daily living, and thereafter used profane and harsh language in the resident’s presence.  Although [..] Read More..

Inconsistent and hearsay evidence insufficient to support finding of neglect.

Topic: Nurse Aide Registry, Decided by Judge Brown 
Docket Number: 1433320 , Decision Date: 2014-03-31 
Attachment: Click here to download the decision. 

Respondent was not authorized to place a finding of neglect on the Nurse Aide Registry where the evidence giving rise to its proposed action was unsupported by testimony.  Witness accounts of the incident were inconsistent and failed to establish that Petitioner engaged in neglectful conduct.

Creating risk of aspiration constitutes neglect for purposes of placement on the Nurse Aide Registry.

Topic: Nurse Aide Registry, Decided by Judge Teate 
Docket Number: 1433322 , Decision Date: 2014-03-12 
Attachment: Click here to download the decision. 

Petitioner’s name was properly placed on the Nurse Aide Registry for neglecting a resident after Petitioner, in response to a resident’s yelling, repeatedly poured water directly into a resident’s open mouth while the resident was lying flat on his back in bed. Petitioner’s actions constituted [..] Read More..

Name calling constituted abuse where nursing home resident suffered mental anguish.

Topic: Nurse Aide Registry, Decided by Judge Kennedy 
Docket Number: 1337175 , Decision Date: 2013-09-19 
Attachment: Click here to download the decision. 

Petitioner’s name may be entered on the state’s Nurse Aide Registry based on a finding of abuse, but not neglect.  Petitioner acted abusively by calling a resident a name that caused her mental anguish.  However, Petitioner did not neglect the resident when she applied a [..] Read More..

Inadequate evidence of neglect where sole witness’s testimony shaded by personal animosity.

Topic: Nurse Aide Registry, Decided by Judge Woodard 
Docket Number: 1343180 , Decision Date: 2013-07-12 
Attachment: Click here to download the decision. 

The name of a Certified Nursing Assistant (CNA) could not be placed on the Nurse Aide Registry for neglect of an Alzheimer’s patient because the sole eyewitness was a fellow CNA with whom Petitioner had a history of personal animosity and whose testimony was, therefore, unreliable.

Subjective discomfort does not constitute willful abuse.

Topic: Nurse Aide Registry, Decided by Judge Teate 
Docket Number: 1337177 , Decision Date: 2013-07-01 
Attachment: Click here to download the decision. 

In the absence of evidence of willfulness, the State was not permitted to include a nurse’s name on the Georgia Nurse Aide Registry for two allegations of sexual and mental abuse.  Regarding the first allegation, the Department investigation only showed that the resident was uncomfortable [..] Read More..

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