Alexander v. Department of Health & Human Resources

484 So. 2d 722, 1986 La. App. LEXIS 6224
CourtLouisiana Court of Appeal
DecidedFebruary 25, 1986
DocketNo. CA 84 1331
StatusPublished

This text of 484 So. 2d 722 (Alexander v. Department of Health & Human Resources) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Department of Health & Human Resources, 484 So. 2d 722, 1986 La. App. LEXIS 6224 (La. Ct. App. 1986).

Opinion

ALFORD, Judge.

This is an appeal from a decision of the Civil Service Commission affirming the ter-minatioii of appellant, Albertha Alexander, [723]*723from her position as a Louisiana Practical Nurse, III.

Appellant was employed at the New Orleans Health and Rehabilitation Center, a home for geriatric patients, working the 11:00 p.m. to 7:00 a.m. shift. She was notified by letter dated February 21, 1983, that she was being terminated from her position February 22, 1983. The letter detailed the following reasons for appellant’s termination:

1. Displaying poor nursing skills which resulted in patient neglect.
2. Failure to record pertinent patient information in patient’s charts and failure to prepare incident reports.
3. Verbal threats to a patient.
4. Displaying poor supervisory skills.

These charges were denied by appellant, and she appealed to the Civil Service Commission. On July 11, 1983, a hearing was held before a referee, and on October 28, 1983, the referee rendered a decision denying appellant’s appeal. Appellant then filed an application for review by the Civil Service Commission which was denied. From the Commission’s decision, appellant appeals. We affirm.

Appellant initially contends that the referee erred in refusing to grant a partial summary disposition. At the hearing, appellant moved for a summary disposition, contending that a certain paragraph in the termination letter was vague. The paragraph complained of stated that some of the employees who worked on appellant’s shift were reporting to work late. The letter further stated that appellant was in charge of these employees and that she failed to take disciplinary action or to report the tardy employees to her supervisor.

The referee denied the motion for summary disposition, finding that the paragraph in question complied with Civil Service Rule 12.3(c).1 After a careful review of the termination letter, we find that the paragraph complained of by appellant was sufficient to apprise her of the charge against her and to enable her to adequately prepare a defense to the charge. University of New Orleans v. Pepitune, 460 So.2d 1191 (La.App. 1st Cir.1984), writ denied, 464 So.2d 315 (La.1985).

In appellant’s other assignments of error, she contends that the referee erred in affirming her termination.

Disciplinary action against a classified employee must be based on legal cause. Legal cause for disciplinary action against a classified employee has been defined as conduct which impairs the efficiency of the public service and which bears a real and substantial relation to efficiency and orderly operation of the public service in which the employee is engaged. Dent v. Department of Corrections, Louisiana Correctional Institute for Women, 413 So.2d 920 (La.App. 1st Cir.1982). The totality of individual lesser offenses or even a single particularly aggravated incident have all been found to constitute legal cause for dismissal. Ryder v. Department of Health and Human Resources, 400 So.2d 1123 (La.App. 1st Cir.1981).

It is of the utmost importance that patients receive proper health care. This is especially true for geriatric patients, who as a whole, have fragile health. It is imperative that civil service nurses provide this care in the most efficient means possible as provided by established rules. At the hearing, appellant explained her actions in many of the instances. However, the record reflects that she was establishing a trend of inconsistent and inefficient work habits in caring for her patients.

The standard of review in the present case is the same standard used in reviewing decision from the district courts; factual determinations of a referee or the commission will not be set aside unless they [724]*724are shown to be clearly wrong. Howard v. Housing Authority of New Orleans, 457 So.2d 834 (La.App. 1st Cir.1984). The referee held that some of the charges against appellant were proved and that appellant had impaired the efficiency of the service.

After the hearing the referee made the following findings of fact and conclusions, which provide in pertinent part:

FINDINGS OF FACT
A. DISPLAYING POOR NURSING SKILLS WHICH RESULTED IN PATIENT NEGLECT
1. Appellant has been a licensed practical nurse since 1978. Appellant graduated from the Orleans Area Vocational Technical School and received her license in 1976.
* * * * * *
3. One of appellant’s responsibilities is to chart the activity involving patients assigned to appellant’s unit during appellant’s shift.
s*s .⅜ s*c * ⅞: *
6. On December 29, 1982, appellant was responsible for patient # 763.
7. The nurses notes on patient # 763 for the 3:00 p.m. to 11:00 p.m. shift reflected that this patient had fallen out of bed.
8. Appellant testified that on her shift (the 11:00 p.m. to 7:00 a.m. shift) patient #763 complained of leg pain; after midnight an aide went to turn patient # 763 over; and that the aide then discovered that the patient was bruised worse than appellant had first thought.
9. Ms. Marlene Boyd, appellant’s supervisor testified that appellant had not properly charted the activities relating to patient #763. Ms. Boyd testified that appellant’s primary duty when she came on shift was to review the nurses notes or the 24 hour census sheet to determine what treatment patient #763 should be administered or what complaints to monitor. Ms. Boyd, also testified that appellant should have contacted a doctor concerning patient # 763’s condition. Appellant did not contact a physician.
10. Appellant did not know that patient #763 had fallen until the morning of her shift which began at 11:00 p.m. on December 29, 1982. There was no testimony indicating that appellant had charted that the patient had complained of pain prior to midnight on December 29, 1982. Willie Mae Gibson, LPN III, works the 7:00 a.m. to 3:00 p.m. shift. When Ms. Gibson came on duty at 7:00 A.M. on December 30, 1983 (sic), she received information that patient #763 had complained of severe leg pain. The nurses notes for the prior shift, 11:00 p.m. to 7:00 a.m., did not indicate that a doctor had been called'. Appellant and Ms. Gibson checked patient #763 together and thereafter Ms. Gibson called a doctor.
11. On January 14, 1983, patient # 280 reported to appellant that she had fallen and hurt her thumb. Appellant testified that she learned of this incident at 5:00 a.m.
12. Appellant observed the patient’s thumb as compared with the patient’s other thumb and appellant saw no difference in the two. Appellant did not diagnose the thumb as being broken nor did appellant notice any swolling (sic), as the nurse on the 7:00 a.m. to 3:00 p.m. shift did when she came on duty after appellant. However, the nurses notes reflect that appellant did notice some swelling but did not contact a physician.
13. Appellant did not complete an incident report as she should have on patient # 280.

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Related

Howard v. Housing Authority of New Orleans
457 So. 2d 834 (Louisiana Court of Appeal, 1984)
Ryder v. Dept. of Health & Human Resources
400 So. 2d 1123 (Louisiana Court of Appeal, 1981)
Dent v. DEPT. OF CORRECTIONS, ETC.
413 So. 2d 920 (Louisiana Court of Appeal, 1982)
University of New Orleans v. Pepitune
460 So. 2d 1191 (Louisiana Court of Appeal, 1984)

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Bluebook (online)
484 So. 2d 722, 1986 La. App. LEXIS 6224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-department-of-health-human-resources-lactapp-1986.