Facts: Client hired firm after receiving a complaint from TMB regarding failure to care for nine patients over a five-day period. TMB alleged that client was not providing the required care to these patients over several days. They also alleged that client did not document any care that was provided and did not document why treatment was not provided. TMB issued an expert report finding that client failed to meet the standard of care.
Outcome: After a response was submitted, TMB issued a notice for an informal conference. During the conference the firm argued that client did not provide care due to a break in her mental health. The firm provided evidence that client was suffering from depression, anxiety and PTSD brought on by the COVID-19 pandemic. These issues were then exacerbated by a death in client’s family 4 days prior to her failure to treat. Client admitted wrongdoing and firm provided evidence of the corrective action client has since taken after this incident. TMB agreed to dismiss the matter with a non-disciplinary order and a referral to a mental health program.
