Ex-CEO cleared on 2 of 3 allegations of misconduct after nursing home discharge
CBC
The former CEO of Loch Lomond Villa in Saint John has been cleared on two out of three allegations of misconduct surrounding the discharge of an elderly patient from the nursing home nearly five years ago.
Cindy Donovan was before a virtual discipline committee of the College of Nursing of New Brunswick this week on three allegations of professional misconduct in April, May and June 2021.
On the third allegation, the panel concluded the registered nurse failed to safeguard personal and family information when she issued a letter to the home's other residents and families about the discharge of 83-year-old resident Pauleen Breen.
“Although your letter did not include the resident’s name, the letter included information which could be utilized, either alone or with other information, to identify the resident and her family,” the notice of hearing said.
Donovan’s lawyer, Kelly VanBuskirk, said the letter was in response to significant media coverage about the resident’s discharge, including interviews on CBC News and posts on Facebook by the family that identified Breen and made the matter a public controversy.
Breen’s daughter, Susan Steels, attended the virtual hearing and was disappointed two of the allegations were unfounded.
“She shattered public trust in her profession," Steels said. "As a regulatory body, [the college] did the same.
"People living in nursing homes already had good reason to be afraid to share their stories. This ruling seals it — nobody is protected.”
Breen's daughters had brought their mother's case to the public's attention because they believed their advocacy on her behalf led to her being discharged from the home.
Donovan faced two other complaints stemming from this matter regarding respect for the patient and communication with the family. These were deemed unfounded.
VanBuskirk outlined how there was a communication breakdown between the daughters of the 83-year-old resident, who had dementia, and staff at Loch Lomond Villa. He said staff described questions from the family regarding care as accusing, intimidating and disrespectful.
The notice of hearing alleges that on April 22, 2021, Donovan asked the resident’s family by email if they wished to take her home for 30 or more days to care for her in the community. If this was not feasible, it stated the home would facilitate the resident’s transfer to another nursing home.
The family asked for clarification, but on April 27, five days later, they instead received a notice that said that because of a “lack of trust” expressed in the home's care, their mother would be discharged from the facility in 15 days.
Without an alternative placement arranged, the resident was taken by ambulance to the Saint John Regional Hospital on May 22, 2021.
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