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Cape Cod Hospital cited in death by restraint

Published: 2010-07-11 13:28:24
By: Cynthia Mccormick | Cape Cod Times | April 13, 2010

HYANNIS — State investigators have cited Cape Cod Hospital for a federal violation of patient rights in the case of a Mashpee man who died after being restrained by hospital staff last year.

The October report, obtained yesterday after a Freedom of Information request by the Cape Cod Times, says several hospital workers held Daniel J. Ryan down after he tripped and fell to the floor — actions that led to his death.

Investigators also said security officers and other personnel weren't trained in the safe use of restraint, didn't know how to watch for signs of patient distress and didn't properly report the incident.

The state Department of Public Health investigation appears to contradict earlier hospital statements that staff was forced to restrain Ryan because he was lashing out and posing a threat to others.

Cape Cod Hospital officials disagree with the state investigator's interpretation of events, and say the hospital has come up with a plan to better train employees in the use of restraint and aggression management.

"The hospital understands that its corrective action plan has been accepted by DPH," said David Reilly, spokesman for Cape Cod Healthcare, the parent company of Cape Cod Hospital.

Video surveillance shows staffers didn't let up on the restraint until Ryan was apparently in distress and an emergency call was put out, the state report says.

State officials denied a Cape Cod Times request for a copy of the video, saying it would violate patient confidentiality.

Ryan, 35, never regained consciousness after the Oct. 9 scuffle. He was pronounced dead Oct. 29.

"The condition of patient rights is not met based on the inappropriate use of restraint on one incident resulting in the death of the individual," the state report says.

Police called in

The DPH's Division of Health Care Quality conducted the investigation on behalf of the federal Centers for Medicare/Medicaid Services, which administers the government insurance programs.

Ryan, who was not named in the state report, went to the hospital to visit his wife, Jaime Ryan, a patient there. The couple have two children.

According to earlier reports from the hospital and other sources, Ryan began acting in an erratic or agitated manner and hospital workers called the police, who encouraged him to be evaluated in the emergency department.

At 2:15 p.m. Ryan bolted from the emergency department, triggering a silent security alarm. He traversed a number of hospital corridors and got on and off an elevator before being detained by security officers.

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