New York City Office of Administrative Trials and Hearings Administrative Law Judge ALJ Astrid B. Gloade recommended termination of employment of a respiratory therapist [Respondent] who left a patient’s ventilator on standby mode for 30 minutes, thereby depriving the patient of oxygen, and then falsified the entry in the patient’s medical records concerning the event.
The employer [Appointing Authority] alleged that the Respondent had engaged in misconduct by failing to switch a patient’s bedside ventilator from “standby” to “active” mode and then made a false entry in the patient's medial record.
Noting that Respondent admitted in a written statement that she failed to switch the patient’s ventilator from standby to active, the ALJ found that Respondent’s action constituted misconduct.
Respondent also failed to offer any evidence to rebut the Appointing Authority's allegation that she falsified the information reported on the patient's ventilation flow sheet. Accordingly, Judge Gloade found that the Appointing Authority had established that Respondent had knowingly misrepresented her activities with respect to the event.
Although Respondent was a long-time employee and had no prior disciplinary history, the ALJ determined the termination was the appropriate penalty "given the egregious nature of the proven misconduct" and Appointing Authority’s significant interests in providing competent care to patients and ensuring the accuracy of patient records.
Click HERE to access Judge Gloade findings and the penalty recommended be imposed by the Appointing Authority.