Delaware Department of Health & Social Services v. Jain

29 A.3d 207, 2011 Del. LEXIS 481
Supreme Court of Delaware·Decided September 2, 2011·No. C.A. No. 720, 2010·Published·Cited by 2 cases

Opinion

STEELE, Chief Justice:

The Delaware Department of Health and Social Services appeals from a Superi- or Court order reversing a DHSS Administrative Hearing Officer’s decision to place Madhu Jain on the Adult Abuse Registry for three years, because Jain had “neglected” a patient as defined by 11 Del. C. § 8564(a)(8) and 16 Del. C. § 113K9).1 On appeal, DHSS claims that the Superior Court erroneously concluded that DHSS had failed to show that Jain neglected the patient within the meaning of those two statutes, because Jain’s conduct breached basic, fundamental nursing standards. The facts do not support a finding that [209] Jain committed an act of neglect recklessly, knowingly, or intentionally. Therefore, we affirm the Superior Court’s judgment for the reasons below.

FACTUAL AND PROCEDURAL BACKGROUND

The Delaware Psychiatric Center (DPC) employed Jain, a registered nurse since 1992, for over 17 years. On Saturday morning, April 4, 2009, Jain was the charge nurse on the Kent 3 unit (K-3 unit) at the DPC. As charge nurse, Jain was responsible for all of the K-3 unit’s operations, including the unit’s staffing assignments. That day, the K-3 unit was short-staffed.

At around 8:23 that morning, B.W.,2 a recently admitted patient, left her room and collapsed on the hallway floor.3 The DPC video camera system, which recorded the event in question (but without sound), showed that several DPC personnel walked past B.W. lying on the floor, but no one stopped to examine or help her. Upon learning that a patient was lying on the floor, Jain went to investigate. When she arrived four minutes later, Jain saw that B.W. was still breathing, but was lying face down on the floor with her eyes closed, had her pants pulled down, and was wet with urine. After calling out to B.W. two or three times and receiving no response, Jain went to go check which staff members were able to help her change B.W., because she could not do that by herself because of her (Jain’s) small size.

Four or five minutes later, while checking the nurse staffing list at the nurse station, another DPC attendant informed Jain that B.W. “had gone bad.” Jain, along with two other nurses, Marie Keller and Clifford Truitt, immediately rushed back to B.W. and found that B.W. was no longer breathing. At that point, Truitt and Jain got emergency medical equipment — Truitt retrieved the oxygen mask and CPR shield, and Jain retrieved the oxygen tanks. Keller remained with B.W. and began to perform CPR. Jain then returned to the nurse’s station to call 911. Ultimately, their efforts to revive B.W. were unsuccessful.

By letter dated July 7, 2009, DHSS notified Jain that it intended to place her name on the Adult Abuse Registry for five years.4 In that letter, DHSS alleged that Jain had “neglected” B.W. within the meaning of 11 Del. C. § 8564(8) and 16 Del. C. § 1131(9), because “after being informed that the patient (B.W.) was lying on the floor, wet with urine, [Jain] failed to assess (the patient) properly. Minutes later another staff member checked her vital signs and called a Code Blue for the patient.” 5

During the administrative hearing on December 17, 2010, several witnesses testified, including Jain, Keller, and Truitt. DHSS also presented testimony from Ralph Coverdale, another nurse on duty that day, and Earl Robinson, a nurse consultant at the DPC. The main issue at the hearing was whether Jain had “neglected” B.W. by failing to provide a “hands-on assessment” when she found B.W. lying on the floor and unresponsive.

Robinson, who was not present at the DPC during the April 9th incident, opined [210] that although the DPC had no written policy on the proper protocol for assessing a patient lying on the floor, “good nursing standards would require the nurse to provide further assessment.”6 Keller also acknowledged that the DPC had no formal policy requiring nurses to conduct physical, hands-on assessments of patients found lying on the ground, but “[did] not believe that a nurse [could] properly assess a patient by just standing and looking at the patient, particularly with a patient found lying on the ground.”7

According to Jain, B.W. had only been at the DPC for four days, and B.W.’s admission report form indicated that she “had a history of laying [sic] on the floor ... and acting out.”8 Thus, when she found B.W. lying on the floor, Jain thought that B.W. was experiencing a psychiatric, not a medical, episode.9 Because B.W. was still breathing, as shown by the rising and falling of her back, Jain went to get another staff member to assist her in changing B.W. Jain also testified that she was hesitant to approach B.W. without assistance, because patients who were experiencing psychiatric episodes had struck her twice before.10

Coverdale, who had observed B.W. shortly after Jain left to get help, also testified that B.W. appeared to be breathing. Therefore, it was unnecessary to conduct a further assessment, because CPR training dictates that if a patient is visibly breathing, initiating CPR is inappropriate.11

Truitt testified that in his opinion, “finding a patient on the floor in a psychiatric hospital” would indicate that “the patient was suffering from a psychiatric, not a medical, event.”12 The procedure for a psychiatric episode, Truitt stated, was to first check if the patient was breathing. Then, the next step was to call out to the patient to • see if the patient would respond, but it was “not unusual” for a patient to not respond.13 If the patient did not respond, the next step would be to ask another staff member to assist in approaching the patient, because patients experiencing a psychiatric episode would often become aggressive and attack whoever was trying to help them.14

Free access — add to your briefcase to read the full text and ask questions with AI

Delaware Department of Health & Social Services v. Jain, 29 A.3d 207, 2011 Del. LEXIS 481 (Del. 2011).

29 A.3d 207 (Delaware Department of Health & Social Services v. Jain) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related