Question: FORCIBLE ADMINISTRATION OF MEDICATIONS
The medical employee in In re Axelrod 20 sought review of a determination by the commissioner of health that she was guilty of resident abuse. Evidence showed that the employee, after a resident refused medication, "held the patient's chin and poured the medication down her throat." 21 There was no indication or convincing evidence that an emergency existed that would have required the forced administration of the medication. The court held that substantial evidence supported the commissioner's finding that the employee had been guilty of resident abuse.
Ethical and Legal Issues
1. Discuss the ethical and legal ramifications of this case.
2. What sentence should the employee receive? Why?
3. What message should the court be sending to other potential abusers of patients?