Linda Gipson is not guilty of assaulting a patient at Whidbey General Hospital.
That was the ruling Friday by jurors in Island County District Court who deliberated for about 90 minutes.
The jury found that Gipson, chief nursing officer for Whidbey General Hospital, is innocent of fourth-degree assault.
The case was unusual for the District Court because of the high-profile nature of the defendant and complexity of the case, which involved numerous witnesses, including experts in the medical field.
Gipson, 63, was accused of assault for grabbing a mental-health patient by the chin while the woman was in four-point restraints in May 2014.
The jury made a special finding that Gipson’s “use of force was lawful by a preponderance of evidence,” according to Island County Prosecutor Greg Banks.
That, he explained, means she may be able to recoup her attorney’s fees and other costs through a state account set up to reimburse defendants found not guilty by reason of self-defense.
Several nurses who were in the room testified against Gipson, saying that her actions were unnecessary and that Gipson acted inappropriately out of anger directed toward a troublesome patient. A nurse whom Gipson fired after she complained about her actions has since moved and wasn’t able to testify.
Gipson took the stand last Wednesday and testified that she was following her years of training in responding to an attention-seeking, troublesome mental health patient by redirecting her attention.
She described how she was responding to a “code gray,” issued because the patient was unruly and trying to escape from her restraints. Gipson said she entered the patient’s room and found that the nurses weren’t following protocol.
“I was profoundly disappointed that the staff had handled themselves so poorly,” she said.
Gipson testified that the patient pulled an arm out of her restraints.
Gipson said she held the woman’s chin while another nurse reapplied the restraints.
Gipson and several defense witnesses testified that it’s a common technique in dealing with unruly patients.
Brenden Hansen, a doctor at Whidbey General Hospital, testified for the defense; he worked with Gipson in running the emergency department.
He said he’s very familiar with the patient, who was diagnosed with borderline personality disorder and often arrives at the ER after becoming intoxicated.
People with that disorder tend to be very unpredictable, he said, adding the woman previously assaulted staff at the hospital.
Hansen testified that it’s a common technique to control patients’ heads in order to focus their attention and prevent them from hurting themselves or others.
It can be necessary even when the patient is restrained, he said.
Hansen said he read the reports by the other nurses and other documents and concluded that Gipson acted appropriately.
“I think there was a misinterpretation by the people on the bedside,” he said.
On cross examination, Hansen conceded that it is never appropriate for medical providers to put their hands on a patient as a punishment or retaliation. He also agreed that the medical-surgical wing, where the patient was being held, is a different environment than the emergency room.
The 30-year-old patient testified earlier in the week. She claimed that she doesn’t suffer from borderline personality disorder and disputed evidence presented in the court about her history of assaulting staff members at Whidbey General and other hospitals.
She claimed that Gipson choked her. She also admitted on the stand that she is suing the hospital over the incident.
After the verdict was handed down, Island County Prosecutor Greg Banks said he respects the jury’s decision.
Banks said his office didn’t bring charges based on the word of the patient but that three eyewitness nurses put their jobs on the line to testify about what they saw.
“I felt it was a case that needed to be decided by a jury,” he said.
