DeWitt nurse charged with felony after group home patient dies in her care

Update: Lemon's 25-year-old patient didn't receive needed oxygen for 8 hours, 8 minutes

DeWitt, N.Y. -- A nurse was charged in the death of a patient at a DeWitt group home after investigators received a complaint that she was sleeping on the job.

Tanya Lemon, 35, of Syracuse was charged with first-degree endangering the welfare of an incompetent or physically disabled person, a felony.

Tanya Lemon

For eight hours, a 25-year-old male patient under Lemon's care did not receive an adequate amount of oxygen at a state-run group home at 4918 Briarwood Lane, which cares for developmentally disabled patients.

Lemon, a licensed practical nurse, cared for physically disabled and incompetent patients at the home, which houses about six patients at a time, police said.

DeWitt police arrested Lemon Wednesday after a joint investigation with the New York State Justice Center, a seven-month old agency which handles reports of neglect of people with special needs.

State Education Department records show Lemon received her nursing license in 2002 and has no history of disciplinary actions.

Investigators with DeWitt police and the state justice center declined to give the patient's name, citing privacy reasons. Investigator Thomas Regan of the DeWitt police said that officers were working to notify the patient's family members of the charges before they released more information.

The investigation began after authorities received a complaint from staff at the home that Lemon was sleeping on the job, officials said.

A spokeswoman for the justice center said that employees of the home are required to report neglect to the center.

Staff told police that Lemon should have been checking on the man every two hours in September 2013. He was frail and wore an oxygen mask, police said, and part of Lemon's job was to check that he was properly receiving oxygen.

Lemon found the patient unresponsive when she finally checked the oxygen levels.

He was taken to the hospital by ambulance and was diagnosed with hypoxic brain injury due to lack of oxygen. The patient died 14 days later.

"She failed to give the proper care that she was required to give," Regan of said. "As a result, an individual was taken from the home and received medical attention from a hospital, where it was discovered that there was a brain injury ... due to a lack of oxygen."

When Lemon checked, the patient's blood oxygen level was in the 40 percent range. Anything lower than 90 percent is considered dangerous, Regan said.

Lemon was suspended in September from working at the home pending police's investigation, Regan said.

Lemon was arraigned in the town of DeWitt court. She is being held at the Onondaga County Justice Center on $15,000 bail or $30,000 bond.

The case is being handled by justice center prosecutors Jacqueline Kagan and Andrew Botts.

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