NURSE FOUND TO HAVE ABUSED A PATIENT
After a nurse was accused of “slapping an agitated and cognitively impaired patient,” an administrative proceeding was held, and a Law Judge found that the evidence didn’t support the patient-abuse charge and recommended dismissal of the matter.
On administrative appeal, the Commissioner of the New York State Department of Health rejected that recommendation and concluded that charges against the nurse should be sustained (and that she be reported to the nursing home Nurse Aid Registry).
When a special proceeding was later filed, [pursuant to CPLR Article 78], the matter was transferred from the Supreme Court to the Appellate Division, Second Department, which was of the view that the Commissioner’s determination was “substantiated by a fair preponderance of the evidence presented at the hearing.”
In other words, that slapped that case, against the slapping nurse, shut.
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