Department of Health Finds Licensed Practical Nurse Guilty of Neglect

After the death of a nursing home resident last September, a nurse employed by the facility has been found to have neglected the man. The State Department of Health found that licensed practical nurse failed to follow the facility’s policies and procedures when in the early morning the resident began to show significant changes in his breathing. The 85-year-old man died later that morning at 5 a.m.

The report did not find the facility at fault. The licensed practical nurse is still employed at the center. The investigation concluded that the nurse was responsible for neglect when she failed to notify registered nurse on call, the man's physician and his family that the man had a significant drop in his oxygen level. Instead, the employee told investigators that when she discovered his low oxygen levels at about 12:40 a.m., she connected him to supplemental oxygen which appeared to be raising his oxygen level. The nurse said she checked twice more on the resident and he appeared to be breathing easier. At approximately 5 a.m. on Sept. 30, the man was found dead in his bed.

“(The employee) failed to fully evaluate the resident, to notify the resident nurse on call, notify the physician directly, or notify the resident’s family of his change in status,” the report states.

When investigators asked the individual why she did not contact the registered nurse, according to the finding, she stated that she thought the RN would tell her to put oxygen on the resident and monitor him so that is what she did. She said she believed the resident would be okay and did not feel she  acted with neglect. For more, read the story.


Robert W. Carter,  Jr. is a Virginia attorney whose law practice is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.

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