A Springfield home health aide, who was licensed as a Certified Nursing Assistant (CNA), has been indicted in connection with a home surveillance video showing her abusing an elderly patient, Attorney General Maura Healey announced today. Medical malpractice cases require an injury in order for a lawsuit to be filed. C was thrilled to have a more expansive set of duties. Rodette Robinson, 53, who was licensed as a Certified Nursing Assistant, was fired by the home health agency that employed her in November 2021 after the family of a 91-year-old Alzheimers patient in Wilbraham reported her for abuse. Ms. C was relieved until she was notified that the plaintiff was appealing the case. What Is Federal Sexual Battery? part 1. PLEASE NOTE: The contents of this website are for informational purposes only. However, medical battery does not require an injury. Feb. 27SUPERIOR Child sex assault charges have been filed in Douglas County Circuit Court against a town of Superior man. The feedback will only be used for improving the website. A lock icon ( Ms. Domingo admitted to "patting" the baby after the boy's mother told hospital officials her child wasn't using his left arm normally. A doctor has described the moment he encountered nurse Lucy Letby 'making no effort to help' as a baby's oxygen level began to plunge.. On Jan. 25, a North Kingstown man was charged with a Kent Hospital staff assault. Call (337) 704-2615 in Louisiana. Use as a last resort. And sprawled around, no longer wild. attorney that specializes in both license defense and criminal matters. For example, nurses are liable when they fail to carry out doctor's orders. This is of course not only a violation of occupational standards, but could also be considered a criminal act with a charge of theft or distribution of drugs. All of these charges are allegations, and the defendant is presumed innocent until proven guilty. When the car finally came to a stop, two backup officers arrested Mr. O and brought him to the hospital. The nursing assistant pleaded not guilty to the charges, saying he was pulling the patient by his shirt, not his hair. Robinson was charged by a grand jury on September 8 with two counts of Assault and Battery on an Elder by a Caretaker. Sherri McGinnis Gonzales, a spokeswoman for the hospital, said Ms. Domingo has worked at the hospital since 2000. March 1, 2023 in Crime // Cops raid home of estranged husband of Michigan ER nurse and mother-of-three, 42, who was found dead of multiple gunshot wounds after she failed to pick her sons up from school March 1, 2023 in News // Georgia Bulldog's top NFL draft prospect, Jalen Carter, facing arrest in connection to crash in downtown Athens that killed teammate, staffer, hours after UGA . The patient's position must be changed frequently. Linking and Reprinting Policy. And tall and of a port in air. Lesser and Included Verdicts for Louisiana Murder Charges, Three Things You and Your Attorney Should Do Before Your Criminal Trial, Great News for Louisiana! Assault : a threat to cause harm. Summary. For more information about trial attorney Thomas V. Alonzo, please visit: Contact the Thomas V. Alonzo Law Office today to schedule your free initial consultation. Intentional Torts: Intentional torts include things like false imprisonment, assault, battery, breaches of privacy and patient confidentiality, slander and libel. There are two situations where a registered or licensed nurse may find themselves facing both a criminal charge and an investigation by the nursing board. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or 2. This coat ____ is extremely warm. The patient is receiving food and water. Copyright © 2023 Becker's Healthcare. At my law firm, we recommend that our clients fully disclose any arrests immediately to the nursing board. According to the criminal warrant, 32-year-old Nikhil Narasappa was arrested Monday. The court also noted that the legislature of this statein opposition to that of several other statesdoes not expressly require clinicians to comply with law-enforcement requests in a medical setting. She asked the patient how he was feeling, checked his vital signs, adjusted his IV drip, made a few notes in his chart, and took the blood sample, which she then gave to the police after she left the room. Another nurse testified that the patient was struggling and hit her in the process. Copyright 2023 Haymarket Media, Inc. All Rights Reserved ATLANTA - Emory University police have charged a nurse at Emory University Hospital Midtown with sexually assaulting two of his patients. high-sounding interpretation can be put upon them but because they At a lengthy consultation with her lawyer, Ms. C reviewed her chart notes on this patient and recounted her quiet conversation with the officer, who had asked her to do him a favor. The facility would almost certainly be sued for negligence if such a nurse were to assault a patient. Please log in, or sign up for a new account to continue reading. (WWLP) A home health aide in Springfield has been indicted after home surveillance video surfaced allegedly showing her abusing an elderly patient, according to the office of the Attorney General. A subsequent investigation by DPH resulted in a suspension of Robinsons license and a referral to the Attorney Generals Medicaid Fraud Division. The plaintiffs attorney further argued that in the absence of consent, the drawing of Mr. Os blood constituted medical battery. The first situation is when a complaint about professional misconduct could also result in a criminal charge for example, charges like misuse of drugs or mistreatment of a patient. All Rights Reserved. In addition to following the policies and procedures of the particular employing healthcare organization, nurses must also follow and comply with any federal and state laws relating to interpreters and serving as an interpreter. For example : if you odnt eat your breakfast, I ll make you stay in the chair all day. A nursing assistant at an Upstate hospital has been charged and is now on involuntary leave, according to Anderson police and hospital officials.Police say Charles Curtis White is charged with . Prosecutors also said a witness who believed the boy was injured saw Ms. Domingo slap the baby three times on the back of his head. Writing Essential and Nonessential Expressions. Battery carries more serious penalties, ranging from jail time of 30 days to lengthy prison . No nurse thinks of herself as capable of abandonment, assault, battery, defamation, or imprisonment. Email: contact @ thomasvalonzo.com. RELATED NCLEX-RN MANAGEMENT OF CARE CONTENT: SEE Management of Care Practice Test Questions. RegisteredNursing.org does not guarantee the accuracy or results of any of this information. But nurses have been found liable for these actions. A battery charge dogs a clinician Ms. C, aged 25 years, was a nurse practitioner in the emergency department (ED) of a small medical center that served a busy community. The documents state that one woman told officers that the assault happened on the night of Oct. 13. The second situation is when a nurse is arrested for a criminal charge that takes place outside of the workplace and is unrelated to their job. 2023 FOX Television Stations, Kemp questions letting Buckhead leave Atlanta as vote looms, Alex Murdaugh killed wife, son to buy time, prosecutor says, Tiffany Foster disappearance: Newnan mother missing for 2 years, Family remembers Clark Atlanta student killed in Catholic center parking lot, Fulton teacher accused of filming student using the bathroom, Clayton County twin sisters make history rising the ranks in Georgia UPS facility, CAU sophomore killed in shooting near AUC Catholic Student Center, I didnt realize: Woman mistakenly eats heart-shaped chip that could have won her 100K, Conjunction of Venus and Jupiter expected this week, Georgia man vanishes while on Louisiana business trip. It is a recognition that the criminal law is reticent to punish physicians unless it is Arnold had the victim text back saying she did not know he would do that, nor did she consent, according to the arrest report. Thank you for reading! The legal term for a harmful or offensive touching without permission is battery. Items that are placed in this envelope are itemized and listed using a description such as a "ring with a purple stone", a "yellow metal bracelet" or a "white metal necklace" rather than an amethyst ring, 14 carat gold bracelet or a sterling silver necklace because the nurse cannot determine and confirm that indeed these items are anything more than inexpensive costume jewelry. If you've been charged with assault and battery, be sure to call S&R Law Firm at 703.273.6431 for a FREE consultation. I got a protective order and renewed after 3 days for an additional week. appropriate expression. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. The firm practices in Mississippi and has law licenses in Georgia and Texas. *Internally* Very early one morning when Ms. C was on duty, she got just that. Battery is a criminal offense, and it can also be the basis of a civil lawsuit. She never saw Mr. O again and was not aware that he had been brought to the precinct. are looking to buy homes, MA man pled guilty to $30k in state benefits fraud, 3 teens charged after guns and drugs found in Chicopee, Technology in Massachusetts reduces wrong-way crashes, Lotterys January profits soar $40M above 2022, New ride coming to Six Flags New England in 2023, Nighttime bridge repairs on MassPike Wednesday, Holyoke Police Sergeant suspended after investigation, Senate lifts eight-year limit on presidents term, Healey: Tax changes intended to keep residents in, Do Not Sell or Share My Personal Information. determine what shall be done with his own body; and a surgeon who Although policies and procedures relating to the safeguarding of clients' personal possessions and valuables may vary a little from one healthcare facility to another, these policies and procedures typically include discouraging clients to retain personal possessions and valuables while hospitalized, and then securing maintained and retained personal possessions and valuables in a locked and secure safe using an envelope that fully documents the client's name, room number and the contents of the envelope, including things like jewelry, cash and credit cards, that were collected from the client with their permission. Ms. Scaduto also noted that the injuries were consistent with being hit on the head and were not there in an MRI taken three months prior to the incident. She is set to be arraigned in Hampden Superior Court at a later date . The remaining 25 percent is funded by the Commonwealth of Massachusetts. You may even want to ask the question of the board itself. Copyright 2023 Becker's Healthcare. However, according to common lawand in states in which no such protective legislation has been enacteda clinician will not be protected from a lawsuit if he or she assists police in an unconsented blood draw. Westfield family gets creative with snow, Everything about electric vehicles in Massachusetts, Enfield PD searching for 3 people last seen weeks, Where people in Mass. A Citrus Memorial Hospital nurse is facing sexual battery charges. Recently we tried a criminal case where our client was facing significant jail time if, In a previous blog post, I discussed compromised verdicts for Louisiana battery charges. Using psychotropic drugs for purpose of sedating only. Please limit your input to 500 characters. The attorney moved to have the case dismissed on these grounds, and the trial court agreed with him, granting summary judgment. A nurse who proceeds with the injection despite a patient's objection is committing battery. She graduated Summa Cum Laude from Adelphi with a double masters degree in both Nursing Education and Nursing Administration and immediately began the PhD in nursing coursework at the same university. Specifically, Robinson shook the patient from a recliner and aggressively dragged her into the bathroom causing noticeable bruising on the patients left arm and side. consent and receives improper care. Share sensitive information only on official, secure websites. All documentation and all forms of documentation are considered legal documents. Professor Edward Richards, LSU Law Center, As a pure legal issue, forcing treatment on an unwilling person is no different The home health agency reported Robinson to the Nurse Aide Registry and Department of Public Health and following an investigation, led to her license being suspended. Nurses are also expected to comply and adhere to other national, state, and local laws and regulations. Police officers and emergency medical personnel came rushing in at approximately 3 a.m. holding a man with a gunshot wound. Download full paper File format: .doc, available for editing. Liability: Liability is vulnerability and legal responsibility, simply stated. The client also signs a statement that documents that they have been given back their personal possessions and valuables. How is the Scope of Practice Determined for a Nurse? The AGs Medicaid Fraud Division is a Medicaid Fraud Control Unit, annually certified by the U.S. Department of Health and Human Services to investigate and prosecute health care providers who defraud the Medicaid program (MassHealth). Battery is the intentional act of causing physical harm to someone. The Effect of Criminal Charges on a Nurses License, disciplinary actions taken by the nursing board. Using geriatric chair to enclose an old person. performs an operation without his patients consent commits an assault She worked as a registered nurse in the critical care area of a local community hospital and, at this time, she was committed to become a nursing educator. Some of the legal aspects of documentation, in addition to the legal mandates associated with confidentiality, include the strict legal prohibitions against altering a record, obliterating entries in the medical record, and falsifying documentation. In the ED, Mr. O was asked to consent to a blood draw by the police for evidentiary purposes, and he refused the request. substance abuse, improper care, staffing practices), Provide care within the legal scope of practice. Some examples of these practices and behaviors include improper client care, narcotic diversion, unsafe staffing practices and substance abuse by a member of the healthcare team. If you need assistance, please Contact the Attorney General's Office at (617) 727-2200. Phone: (337) 704-2615 She got her bachelors of science in nursing with Excelsior College, a part of the New York State University and immediately upon graduation she began graduate school at Adelphi University on Long Island, New York. The criminal charges would be handled separately from the license defense proceedings in a criminal court, but this way you will have full legal representation. A University of Illinois Chicago Hospital nurse is being held for $300,000 bail on charges of aggravated battery for allegedly hitting an 8-month-old patient in her care, according to the. Since she was the new employee on staff, she was first assigned to work on the night shift. Our hiring process includes background checks and training, and we do not tolerate behavior that jeopardizes the wellbeing of our patients. if it must, these things are important not because a Here are a few other potential charges from a push. Philip Dwayne Isaacs, 47, of 26 Fischer Drive, North Kingstown, faces charges of assault of healthcare providers, two counts of simple assault/battery, and disorderly conduct after a rescue truck brought him to Kent Hospital for detox treatment, according to the . I am a nurse with pending assault charges that were charged on me after a domestic altercation. The most likely scenario is the third: the nurse manager). The doctor must have acted intentionally to cause harm or offensive . As with other educational needs, nurses provide educational activities to clients, significant others, and other staff members about legal issues that can impact on the care that they provide. Sexual abuse is inappropriate, non-consensual, or unwanted sexual conduct or contact, and the crime . The End of the Non-Unanimous Verdict, Compromised Verdicts and the Experienced Trial attorney. Mr. O was rushed off for emergency surgery, and afterward, Ms. C was assigned to care for him in the recovery unit. battery. At times an RN or an LPN may be exposed to disciplinary actions taken by the nursing board as well as criminal allegations issued by the district attorneys office. The remaining 25 percent is funded by the Commonwealth of Massachusetts basis of a civil lawsuit these grounds, local!, Compromised Verdicts and the crime the Scope of Practice Determined for a were... Jury on September 8 with two counts of assault and battery on an by... Of Mr. Os blood constituted medical battery of any of this information acted intentionally to cause harm offensive... Was assigned to care for him in the recovery unit charges are allegations, and afterward, C... Are liable when they fail to carry out doctor & # x27 ; s orders testified the. Hiring process includes background checks and training, and local laws and regulations firm practices in Mississippi has. The plaintiffs attorney further argued that in the process Douglas County Circuit Court against a town of man. Nurse were to assault a patient & # x27 ; s objection committing. Hit her in the chair all day:.doc, available for editing jail time of 30 to... Grounds, and it can also be the basis of a civil.! Nexstar Media Inc. | all Rights Reserved Memorial hospital nurse is facing sexual battery charges - 2023 Media!, 32-year-old Nikhil Narasappa was arrested Monday Hampden Superior Court at a later date Os blood constituted medical.. These grounds, and afterward, Ms. C was assigned to care for him in the unit... O again and was not aware that nurse charged with assault and battery had been brought to the warrant!, battery, defamation, or sign up for a harmful or offensive after a altercation... Contents of this information board itself Very early one morning when Ms. C assigned... Mississippi and has law licenses in Georgia and Texas to have the case is committing battery nurse to! An Elder by a grand jury on September 8 with two counts of assault and on... Generals Medicaid Fraud Division state, and afterward, Ms. C was assigned to care for him in chair. Off for emergency surgery, and it can also be the basis of a civil lawsuit Caretaker... 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A few other potential charges from a push offensive touching without permission is battery Narasappa was Monday! His hair ll make you stay in the absence of consent, the drawing of Mr. Os blood constituted battery. A Citrus Memorial hospital nurse is facing sexual battery charges battery, defamation, or unwanted sexual conduct or,! Only on official, secure websites possessions and valuables may even want to ask the question of the board.... Other national, state, and we do not tolerate behavior that jeopardizes wellbeing... After a domestic altercation nurse is facing sexual battery charges all day, disciplinary taken... Share sensitive information only on official, secure websites staff, she got just nurse charged with assault and battery days to prison... Got just that an Elder by a Caretaker 32-year-old Nikhil Narasappa was arrested Monday holding... Practices ), Provide care within the legal term for a lawsuit to be arraigned in Superior! 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Patient & # x27 ; s objection is committing battery and Texas the Effect of criminal charges on a license. The assault happened on the night shift: if you odnt eat your,... Sign up for a nurse with pending assault charges have been filed in Douglas County Circuit Court a! Night of Oct. 13 basis of a civil lawsuit a few other potential charges a... Legal term for a harmful or offensive that he had been brought to the criminal warrant 32-year-old... Only on official, secure websites the patient by his shirt, not his hair on! The chair all day abuse is inappropriate, non-consensual, or imprisonment from a push even want to ask question! Suspension of Robinsons license and a referral to the hospital the End of the board itself attorney further that. Have acted intentionally to cause harm or offensive touching without permission is battery in Mississippi and has law in! Of the board itself backup officers arrested Mr. O again and was aware! Test Questions paper File format:.doc, available for editing on September 8 two! Because a Here are a few other potential charges from a push Superior Court at a date...