Supreme Court of Delaware

Cooper v. DE Board of Nursing

October 21, 2021

Summary

The Court affirmed the Superior Court’s judgment upholding the Board of Nursing’s reprimand and continuing-education requirement. It held that substantial evidence supported the finding that Cooper failed to follow the established protocol for turning an obese patient, and that the applicable regulation did not require proof of actual patient harm. The Court also rejected Cooper’s due-process, hearsay, discovery, arbitrary-and-capricious, and unfair-surprise arguments. No separate opinions were filed.