John S. Zablotny v. State Board of Nursing

2017 ME 29, 156 A.3d 126, 2017 WL 587270, 2017 Me. LEXIS 29
CourtSupreme Judicial Court of Maine
DecidedFebruary 14, 2017
DocketDocket: Was-16-33
StatusPublished
Cited by7 cases

This text of 2017 ME 29 (John S. Zablotny v. State Board of Nursing) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John S. Zablotny v. State Board of Nursing, 2017 ME 29, 156 A.3d 126, 2017 WL 587270, 2017 Me. LEXIS 29 (Me. 2017).

Opinion

ALEXANDER, J.

[¶ 1] The State Board of Nursing (Board) appeals from a judgment entered in the District Court (Machias, D. Mitchell, J.) concluding that John S. Zablotny had engaged in certain activities that constituted professional misconduct pursuant to 32 M.R.S. § 2105-A(2) (2016) as alleged by the Board, but also concluding that the Board had failed to prove other allegations of professional misconduct. On appeal, the Board contends that the trial court erred when it concluded that the Board had failed to prove that Zablotny committed professional misconduct as defined in 32 M.R.S. §§ 2105-A(2)(F) and (H) when he did not fully inform the on-call physician of — or immediately notify law enforcement or the patient’s emergency contact about— the conditions under which a patient was leaving the Down East Community Hospital against medical advice. 1 We affirm the trial court’s judgment.

*128 I. CASE HISTORY

[¶ 2] The tragic events that generated this case are before us on appeal for a second time. See Zablotny v. State Bd. of Nursing (Zablotny I), 2014 ME 46, 89 A.3d 143.

[¶ 3] This case arises out of the death of a patient on January 1, 2008, near the Down East Community Hospital in Machi-as. Five days earlier, the patient, who was emaciated and suffered from several ailments, was admitted to the hospital with complaints of severe abdominal pain. While in the hospital, the patient was seen by physicians and several other health professionals and was treated with large doses of narcotics.

[¶ 4] On January 1, a physician checking on the patient had no concerns for his “medical stability” and found no “obvious etiology” for the patient’s reported pain. After seeing the patient around noon, the physician left the hospital but remained on call. Later that afternoon, a nurse called the physician to inform him that the patient was in pain and requested more medication. Suspecting that the medication could be causing the patient’s pain, the physician ordered a decrease in the patient’s medications.

[¶5] Around 6:30 p.m., a nurse caring for the patient notified the nursing supervisor that the patient was confused and needed restraints. However, the nursing supervisor found the patient to be quiet, lucid, rational, mentally competent and in no need of restraints. The patient told the nursing supervisor that he wanted to go home, and the nursing supervisor, knowing that his family had left, told him that he would have to sign the Against Medical Advice (AMA) form. When the patient asked for the AMA form, the nursing supervisor refused based on the patient’s condition and the weather.

[¶ 6] Zablotny arrived at work at 7:00 p.m. as the nursing supervisor for the evening shift. The day shift nursing supervisor reported to Zablotny her concerns about the patient and told Zablotny not to let him leave AMA, to which Zablotny responded that the patient could leave if he signed the form.

[¶ 7] Zablotny spoke with the patient who stated that he wanted to be discharged against medical advice. While Za-blotny was in the room, the patient looked out the window and could see that the weather was an “old-fashioned Nor’ Easter” — bitterly cold, windy, snowy, and stormy.

[¶ 8] At the time, no physician was present in the unit where the patient was admitted. Zablotny retrieved the AMA form and called the on-call physician pursuant to hospital policy. Zablotny explained to the physician that the patient wanted to leave AMA and that the patient had indicated that he intended to go to a friend’s house, but Zablotny did not inform *129 the physician of what the patient wore for clothing or that he intended to walk to the Mend’s house. Based on the information relayed to him by Zablotny, the physician, who had seen the patient earlier in the day, told Zablotny to “let him go” and advised Zablotny that if the patient was “a danger to himself or others, call the police.”

[¶ 9] The patient then signed the necessary paperwork, and at about 8:20 p.m., the patient departed the hospital on foot into blizzard-like conditions wearing only pants, a button down shirt, and moccasin-style slippers. At approximately 8:50 p.m., Zablotny located the day shift nurse’s “daily” report, which had not been properly placed in the patient’s chart and contained information about suicidal comments made by the patient. In response to that new information, Zablotny made a series of telephone calls over the next thirty-five minutes. Zablotny called the patient’s wife, who was his emergency contact, to inform her that the patient had left on his own against medical advice. At the patient’s wife’s request, Zablotny called the Machias Police Department. The next day, police found the patient’s body buried beneath a foot of snow approximately 380 feet from the hospital’s entrance. He had died of hypothermia and combined opiate toxicity.

[¶ 10] The Board initiated an administrative action against Zablotny pursuant to 10 M.R.S. § 8003(5) (2016) and 32 M.R.S. § 2105-A(1-A)(D) (2016). Zablotny I, 2014 ME 46, ¶ 6, 89 A.3d 143. After a hearing, the Board found that Zablotny had violated his professional duties and revoked his nursing license for two years. Id. ¶ 7. Za-blotny appealed the Board’s decision to the District Court, seeking de novo judicial review pursuant to 10 M.R.S. § 8003(5). Id. ¶ 8. Reviewing the agency record, the District Court (Romei, J.) concluded that there was “competent evidence to support the Board’s findings” and entered a judgment affirming the Board’s decision to revoke Zablotny’s license. Id. ¶¶ 9-10. Zablotny appealed the District Court’s decision. Id. ¶ 10. On appeal, we concluded that the District Court erred in conducting an appellate-type review by relying on the Board’s findings without conducting a de novo hearing. Id. ¶ 28. We vacated the judgment and remanded the case to the District Court for further proceedings. Id. ¶ 29.

[¶ 11] On remand, we directed that “the District Court shall evaluate both the factual and legal issues afresh and make its own independent, nondeferential decision. This obligates the court to hear the evidence presented, independently evaluate the testimony offered, make its own credibility determinations, and reach its own decision regarding the revocation.” Id. (citation omitted).

[¶ 12] The District Court held a four-day hearing in May 2015. The Board presented several witnesses, including fact witnesses and expert testimony on the duties nurses owe their patients, and offered the American Nurses Association Code of Ethics with Interpretive Statements (2001).

[¶ 13] In a detailed written decision, the District Court found that Zablotny had engaged in unprofessional conduct by failing to provide the patient with accurate and complete information about the risks he faced upon leaving the hospital against medical advice.

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Cite This Page — Counsel Stack

Bluebook (online)
2017 ME 29, 156 A.3d 126, 2017 WL 587270, 2017 Me. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-s-zablotny-v-state-board-of-nursing-me-2017.