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PASCHALL v. DC DEPT. OF HEALTH

No. 03-AA-1347.

871 A.2d 463 (2005)

Samuel PASCHALL, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF HEALTH, Respondent, The Washington Home, Intervenor.

District of Columbia Court of Appeals.

Decided April 7, 2005.

Attorney(s) appearing for the Case

Rhonda K. Dahlman, for Legal Counsel for the Elderly, with whom Zita Dresner, Rockville, Md, for D.C. Long-Term Care Ombudsman Program, was on the brief, was on the brief, for petitioner. James T. Sugarman, Charleston, WV, for Legal Counsel for the Elderly, entered an appearance for petitioner.

Mary T. Connelly, Assistant Attorney General, with whom Robert J. Spagnoletti, Attorney General for the District of Columbia, and Edward E. Schwab, Deputy Attorney General, were on the brief, for respondent.

Marie C. Infante, Washington, DC, with whom Karen S. Lovatch, was on the brief, for intervenor.

Before WAGNER, Chief Judge, and FARRELL and RUIZ, Associate Judges.

FARRELL, Associate Judge:

Petitioner Samuel Paschall (hereafter Paschall or petitioner) was discharged as a patient from The Washington Home (TWH or the Home) upon written notice that the discharge was necessary to protect him or other residents of the facility from injury. An Administrative Law Judge (ALJ) in the Office of Adjudication and Hearings of the District of Columbia Department of Health (DOH) subsequently ruled that the discharge notice failed to comply...

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