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Legal Eagle Eye Newsletter for the Nursing Profession
Abuse: Court OK's Aide's Placement In Abuse Registry.
This resident was a vulnerable adult as defined by law. The aide had a good faith belief that his action, performing a one-person pivot transfer, was not potentially injurious. However, by violating the resident's care plan the aide's action was not in the resident's best interests.
COURT OF APPEALS OF MINNESOTA July 5, 2016The resident's care plan called for all transfers to involve two trained persons using a Golvo lift.
That aspect of the care plan was well known to the aide caring for her. The aide was also aware that care plans were developed for the residents' benefit by the facility's licensed staff. Aides were not permitted to make their own adjustments. Any problem an aide might have with a care plan was to be resolved by communicating with a supervising nurse and then following the nurse's directions.
Nevertheless, because he was rushed for time to get his residents to the dining room in time for lunch, the aide performed a one-person pivot transfer to get the resident from her bed to her wheelchair. The resident's pivot leg was fractured and she died two days later.
The Court of Appeals of Minnesota ruled the aide was guilty of maltreatment of a vulnerable adult and was now disqualified from working with vulnerable persons.
The Court rejected the argument that anyone but the facility's licensed personnel could assess a resident's limitations and personal care requirements and modify a care plan. Nor was the Court persuaded by the argument that the aide had performed the one-person transfer before without incident.
R.M.M. v. State, 2016 WL 3582771 (Minn. App., July 5, 2016).More references from nursinglaw.com
http://www.nursinglaw.com/abuse-patient.htm
http://www.nursinglaw.com/abuse-inflicted-pain.htm
http://www.nursinglaw.com/abuse2.htm
http://www.nursinglaw.com/abuse1.htm