Supreme Court of Delaware

Delaware Department of Health and Social Services, Below v. Madhu Jain, Below

September 2, 20112011 Del. LEXIS 481

Summary

The Supreme Court of Delaware affirmed the reversal of the agency decision placing Jain on the Adult Abuse Registry. It held that statutory neglect requires a reckless, knowing, or intentional state of mind, not merely negligence, carelessness, or a breach of professional nursing standards. The record showed that Jain was attempting to obtain assistance for the patient and did not establish the required mental state.