Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, April 19, 1993 TAG: 9304190096
SECTION: VIRGINIA PAGE: C3 EDITION: METRO
SOURCE: Associated Press
DATELINE: JAMES CITY LENGTH: Medium
One employee had been accused nine times before hospital Director John Favret fired the worker last year, the Daily Press of Newport News reports. A court ordered that the worker be allowed to return to his job.
Favret was given the task of cleaning up Eastern State 15 months ago after allegations of abuse at the state-run facility brought the resignation of its former director.
The U.S. Department of Justice is currently investigating patient-care allegations at Eastern State.
In 1990, Eastern State had 93 allegations of patient abuse, and administrative reviews substantiated two cases. In 1992, Eastern State investigated 141 allegations and determined guilt 11 times.
Most of the proven cases are against employees who have been accused before, Favret said. "My own view is that where there's smoke, there's fire," he said.
Favret says he has tried to send a message by not only firing employees for abuse but also disciplining employees for not reporting abuse and for not cooperating with investigations of abuse.
"Even if I think that, in legal terms, we don't have a good case in court, I don't let that influence my decision," Favret said. "Because even if the court returns them to work, we've had them separated from the patients for a few months during the process.
"I can't forecast what the courts are going to do."
Favret's prosecution of abuse cases is hampered by confusing testimony from mentally ill patients and the reluctance of many employees to turn in a fellow worker.
Psychiatric aide Veronica Todd was accused of abusing an HIV-positive patient who spit in her face on March 27, 1992.
The case against Todd appeared strong because the incident happened in front of a nurse, a doctor and an administrator.
However, the patient admitted he provoked Todd and said she should not lose her job.
Todd said she put her hand over the patient's mouth, which made an audible smacking sound, because she meant to protect herself from his saliva.
"It's easy when you sit in the office. It's a different story when you sit on the ward for eight hours and you're being cursed and harassed," she said.
Such contact is defined as abuse. The state's definition also includes swearing at or threatening patients, neglecting them or allowing someone else to commit abuse.
James City County Circuit Judge William Person upheld the finding of abuse, but gave Todd her job back without back pay and without demotion.
Person would not discuss Todd's case, but his colleague, Judge Russell Carneal, said Eastern State employees who commit abuse in anger often get a second chance.
"When you're dealing with people, you've got to give them some leeway. You've got to," he said. "Those people have a tough job. You have to be very patient - way beyond what the average person is."
Carneal found five Eastern State employees guilty of abuse in December but returned all five to work. He said the loss of pay during the court process was penalty enough.
"I think they get the message, if they want to keep their job," he said. "Most people recognize that they've done something wrong and are willing to accept it."
Todd was reassigned, but within days had been accused of abuse again. Todd said she followed training procedures she had learned from the hospital in the encounter, but she would not discuss the case further because it is still working its way through Eastern State's internal grievance procedures.
by CNB