No neglect of nursing home resident where nurse complied with training.
Docket Number: 1334397 , Decision Date: June 17, 2013
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.