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DEPT. OF HEALTH AND SOCIAL SERVICES v. JAIN

C.A. No. 720, 2010.

29 A.3d 207 (2011)

DELAWARE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Appellee Below, Appellant, v. Madhu JAIN, Appellant Below, Appellee.

Supreme Court of Delaware.

Decided: September 2, 2011.

Attorney(s) appearing for the Case

Peter S. Feliceangeli , Department of Justice, Wilmington, Delaware for appellant.

"J" Jackson Shrum of Archer & Greiner, P.C., Wilmington, Delaware for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, RIDGELY Justices and NOBLE, Vice Chancellor constituting the Court en banc.

STEELE, Chief Justice:

The Delaware Department of Health and Social Services appeals from a Superior Court order reversing a DHSS Administrative Hearing Officer's decision to place Madhu Jain on the Adult Abuse Registry for three years, because Jain had "neglected" a patient as defined by 11 Del. C. § 8564(a)(8) and 16 Del. C. § 1131(9).1 On appeal, DHSS claims that the Superior Court erroneously concluded that...

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