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Kings County Hospital doctors, nurses facing charges in Esmin Green death-by-neglect case

By John Marzulli
DAILY NEWS STAFF WRITER

Friday, June 19th 2009, 11:43 AM

Two doctors and two nurses are facing possible criminal charges for covering up the death-by-neglect of patient Esmin Green last year in the psychiatric ward at Kings County Hospital, the Daily News has learned.

The city Department of Investigation will release a report today of its  probe of misconduct by medical personnel after a shocking surveillance tape documenting Green's death - one year ago today - revealed major inconsistencies with reports documenting her care in the emergency room.

"Discrepancies were uncovered that called into question the acuracy of the medical records created by certain Kings County Hospital doctors," according to the report obtained by The News.

"DOI's investigation further disclosed that the failures docmented in Ms. Green's ill fated stay at the facility in all likelihood were not aberrations, but rather the result of systemic weaknesses in the emergency room's operating procedures..."

The findings of fabricated records and false testimony include:

*A nurse identified only as Gonzalo admitted that after Green was pronounced dead, she made three false entries in the patient's progress notes to make it appear that Green had appeared fine in the prior 45 minutes while under the nurse's care.

In fact, Green was out cold on the emergency room floor for one hour, ignored by staffers and security as she lay face-down on the floor.

"Nurse Gonzalo who feared she would lose her job, admitted to DOI that she fabricated portions of the entries in Ms. Green's progress noptes in order to mislead," the report states.

*Nursing Aide Royal Easton made false entries in an observation sheet indicating she observed Green asleep. When questioned by investigators, Easton invoked her 5th Ammendment right against self-incrimination.

*The surveillance tape showed Dr. Rashed Abedin and Dr. Dimitru Magardician made no attempt to examine Green after she was brought into the emergency room for observation as they asserted in a medical records. Both doctors also invoked the 5th Ammendment when questioned.

The 18-page report will be forwarded to Brooklyn District Attorney Charles Hynes "for whatever action they deem appropriate."

Lawyer Sanford Rubenstein who represents Green's children in a suit against the city said: "I have the utmost confidence in Charles Hynes, the Brooklyn D.A., that based on the evidence in this report he will take appropriate action against all parties."

Green's daughter Tecia Harrison, recently settled the suit for $2 million, said the DOI report was a long time coming.
"Those who are guilty should be prosecuted and sent to jail," Harrison said today. "That's more important than the settlement."

jmarzulli@nydailynews.com