Complaint Dismissed With No Disciplinary Action
Our Client, J.R., faced a Complaint (“Complaint”), filed by his former employer, after a patient (“Patient”) with a history of cardiac complications expired. J.R. visited the Patient, in his home, to provide physical therapy.
Prior to visiting, J.R. thoroughly reviewed the Patient’s treatment records, prepared by other healthcare professionals. The records did not contain any indication of the Patient’s history of cardiac complications, except a low-dose, common medication which can be used to mitigate cardiac complications. Upon J.R.’s arrival, the Patient was already anxious and eager to exhibit his ability to walk. J.R. advised the Patient to slow down, as there was a serious risk of a fall. The Patient ignored J.R.’s instructions and proceeded to ambulate well beyond safe limits. To make matters worse, shortly thereafter, the Patient consumed a pill, without notifying J.R. The Patient became belligerent when J.R. attempted to slow him down, to keep him safe, causing the Patient’s heart rate and pulse to skyrocket.
J.R. notified the Patient that he intended to call EMS, based on the Patient’s cardiac condition. The Patient was recalcitrant, threatening to file a complaint against J.R. with the Board if EMS was called. In tandem with his rising anger, the Patient’s heart rate and pulse rose. J.R. called the Patient’s doctor but could not get through. Realizing that neither contacting EMS nor the Patient’s doctor were viable options, and needing to soothe the Patient, to drop his heartrate and pulse into a safe range, J.R. shifted the conversation to small talk. This strategy worked, and the Patient’s pulse dropped to a safe range.
When the Patient fully stabilized, J.R. informed the Patient of signs to watch for, which would indicate risk of a cardiac event, and provided phone numbers to call in case of same. As J.R. left the Patient’s house, the Patient thanked J.R. for the treatment, and indicated that he looked forward to the next session. Unfortunately, that session did not come to pass, as the Patient expired some time in the evening or morning after J.R.’s departure.
J.R. was terminated for the Patient’s death and his former employer filed the Complaint. J.R. was forced into bankruptcy by the controversy and had very limited defense funds. The Board alleged gross negligence and threatened severe disciplinary action. By capturing the truth of matters in a written rebuttal, and subsequent addendum to same, we convinced the Board to dismiss the Complaint, and take no disciplinary action against J.R.’s license. And we did so within a tight budget.
