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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.
In this matter, it was alleged Donovan digressed from professional standards by discharging the resident without employing alternative measures, sufficient time for the family to make other arrangements, and by failing to communicate about the resident’s discharge and transfer to another institution.
The other allegation was that Donovan failed to consider and respect, along with substitute decision-makers, the best interests of the person receiving care.
Melissa Everett Withers, counsel for the College of Nursing of New Brunswick, formerly known as the Nurses Association of New Brunswick, argued the evidence was clear that Donovan was frustrated with the family and ultimately took it out on the elderly resident.
But VanBuskirk said the relationship had deteriorated at that point.
“The facility was not able to meet the resident’s children’s expectations for the resident’s care,” he said. “That’s a crucial fact that’s before you.”
After roughly two hours of deliberations, panel chair Luc Drisdelle came back with the decision on the three allegations.
On the failure to uphold the resident’s privacy, he asked for submissions from counsel on the appropriate penalty.
Everett Withers requested Donovan be ordered to appear before the discipline committee to receive a reprimand, with a copy of the reprimand to appear on the college’s public register.
She also asked that Donovan be ordered to take two privacy and confidentiality courses at her own expense, and that Donovan be ordered to pay $2,500 in costs to show that this type of conduct will not be tolerated, and to maintain public confidence in the college.
But VanBusKirk submitted that the breach of privacy amounts to a technical violation.
He said that the letter was not done recklessly but rather with the assistance of legal counsel and a public relations firm, and that the letter didn’t disclose anything that wasn’t already widely shared by the family.
He said Donovan has already suffered greatly as a result of the complaint, no longer works in a nursing home, and “the lesson has already been imprinted on Mrs. Donovan’s brain.”
At worst, VanBuskirk said, a letter of guidance, which would not be a public document, would be an appropriate remedy.
“We don’t see the point in pummelling someone who’s already been pummelled for four years,” he said.
As for costs, he said, the college was substantially unsuccessful, and it would be unjust for Donovan to pay the price. He pointed to the fact there were no findings of professional misconduct on two of the three allegations.
Four years of dealing with this would amount to time served, he said.
VanBuskirk said the deterrent comes from the process, in that it’s public, with news media present.
The committee has not yet provided its decision with respect to any possible penalty. The decision will be posted on the College of Nursing of New Brunswick’s website when it is received from the committee.
