The LPN assigned to care for a resident paged the nursing home nursing supervisor when she discovered the resident was diaphoretic, had an elevated pulse and was complaining of chest pains.

  The nursing supervisor was sitting with the assistant nursing director in the nursing home multi-purpose room working on care plans. The nursing supervisor answered the page, talked to the LPN on the phone, then hung up. She asked if anyone had heard of this particular resident complaining of chest pains before. She said she would call 911. But reportedly she said she would call after she went and got some items out of her car for a bridal shower being set up for later that afternoon.

  A food service worker overheard this. She was concerned for the resident and went to his room right away. She was able to verify later in court the resident was complaining of chest pains.

  Without waiting, the LPN contacted the director of nursing, who concurred that the resident needed to go to an acute care hospital immediately by way of a 911 paramedic aid car. The court record did not specify what later happened with the resident.

  In general, it is misconduct justifying termination for an employee willfully to transgress the employer’s established policies. The court said a nursing home has no more compelling policy than quality care and service to its residents.