SYDNEY, N.S. — One of two Cape Breton nurses charged with falsifying charting notes has testified she was “absolutely sure” that a patient under her care was in his bed at all times despite evidence to the contrary.
Valerie Marie MacGillivary, 48, of Glace Bay, a licensed practical nurse, and registered nurse Tammy Mary-Rose Carrigan-Warner, 43, of Sydney River, are charged separately with using a forged document (check sheets and nursing flow sheets) as if genuine.
The charge stems from the Feb. 23, 2018, death of 79-year-old Colin Francis MacDonald whose remains were discovered on a walking bridge in the rear parking lot of the Cape Breton Regional Hospital. The cause of death was determined to be hypothermia.
MacDonald was a patient on Unit 4C — a secure unit — for about three months. The unit is for patients who have suffered strokes and those with mental health concerns. MacDonald, who was diagnosed with dementia, was awaiting transfer to a long-term care facility.
Video surveillance from the hospital, played during the trial, shows MacDonald leaving the facility at 12:35 a.m. through an emergency exit door, walking through the hospital’s back entrance and into the parking lot. His remains were recovered on a walking bridge in the rear parking lot at 4 a.m.
MacGillivary’s nursing notes, entered into evidence at the trial for Carrigan-Warner, indicate that at 10 p.m. on Feb. 22, MacDonald was slightly agitated.
At 11 p.m., MacGillivary recorded that MacDonald was in bed, eyes closed.
At 12:45 a.m., MacGillivary recorded that MacDonald was in bed, eyes closed and resting comfortably. The video surveillance tape indicates MacDonald had already left the unit and was out in the rear parking lot.
“I believed him to be there. I am absolutely sure,” testified MacGillivary, during questioning by Carrigan-Warner’s defence lawyer Joel Pink.
MacGillivary, who testified under subpoena by the Crown, said the last time she entered MacDonald’s room was shortly before 2 a.m. and that the patient was in his bed.
Entry to the unit is accessed by a buzzer, but to exit individuals require someone at the nursing station to enter a code for the door to open. The unit has also two sets of fire doors that are wired to sound an alarm when accessed.
Evidence at the trial clearly indicates the alarms were not working on the night MacDonald left the unit.
Pink also questioned MacGillivary about another patient on the unit, who had only recently been admitted, and was becoming known to roam the unit.
MacGillivary said she did find the individual in another patient’s bed and agreed it was common for those suffering with dementia to wander and sometimes return to another room, believing they were in the right location.
MacDonald’s body was discovered after two other nurses from the unit returned to the hospital from a cigarette break and reported a suspicious object on the pedestrian walkway.
Hospital security was dispatched to scene and within minutes an ambulance was called and MacDonald was taken to the emergency department where he was pronounced dead.
MacGillivary said a sense of panic ensued among staff working that night on the unit and that Carrigan-Warner took charge despite not being the designated charge nurse on duty.
She said Carrigan-Warner went to the emergency department to identify MacDonald and returned to the unit to complete charting notes.
Her notes indicate that at 1:15 a.m. and 3:15 a.m., MacDonald was in bed with eyes closed. A notation at 4:05 a.m. indicates MacDonald was not in his bed.
Both MacGillivary and Carrigan-Warner were subsequently fired from the jobs and later charged with forgery.
The trial for Carrigan-Warner will now continue Jan. 29. MacGillivary was scheduled to appear in court next week but that hearing will be adjourned and new date is to be set next week.
In calling nine witnesses, prosecutors Mark Gouthro and Rochelle Palmer have indicated it is likely they will not be calling any further witnesses.
Pink has already called one defence witness who testified last week because they would not be available at a later date.
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