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Med Mal News

By ALM Staff | Law Journal Newsletters |
September 25, 2013

Firing Abusive Disabled-Patient Caregivers: Expos' Finds No Improvement

In 2011, The New York Times published an article exposing a troubling statistic: Less than a quarter of State workers employed by one agency to care for people with developmental disabilities were fired after they were found to have abused a charge or exhibited other egregious misconduct, even though their supervisors recommended discharge. Most remained in the employ of the State Office for People With Developmental Disabilities largely because of strong employee unions and the requirement that potential discharge cases be submitted to arbitration. On Aug. 9, the Times published results of a follow-up inquiry of the same agency, as well as of the State Office of Mental Health. Using employee disciplinary records obtained through the Freedom of Information Act, the Times once again found that just 23% of the 227 employees found guilty of patient abuse at the State Office for People With Developmental Disabilities were actually discharged from their positions; at the State Office of Mental Health, that number was 27%. Hakim, “State Lagging on Dismissals in Abuse Cases,” The New York Times, 8/9/13.

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