The federal agency proves a patient abuse charge against a federal employee by preponderant evidence, by establishing: (1) Appellant engaged in described misconduct; and (2) Appellant’s described conduct placed the patient in danger or abused patient.[1]
A patient abuse charge is very popular within the Veterans Administration and other agency health organizations because this kind of misconduct strikes more seriously at this kind of agency’s mission or an employee’s duties than mistreatment of patients. Patient abuse can also include physical abuse, endangerment, threats, fraternization, and borrowing money. The Board has held that the abuse of patients harms the agency’s reputation for providing competent healthcare.
There are some defenses that may be brought forth by the federal employee should a patient abuse charge arise:
The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your claim and learn how we can assist you.
[1] L’Bertv. VA, 88 MSPR 513 (2001).