California Nurses and Certified Nursing Assistants are highly regulated in nursing homes and hospitals. They face strict scrutiny regarding the method they provide care, charting and notifying the appropriate entities. The Department of Public Health, the Ombudsman’s Office, Department of Aging, Licensing, Department of Justice, Police Department, and Operation of Guardian, routinely investigate and prosecute nurses and CNAs regarding the standard of care they provide to patients. Multiple statements, rumors, hearsay, and inconsistent statements may subject a nurse or a CNA to criminal prosecution for elder abuse, fraud, falsification of documentation, theft, or negligent care. A criminal prosecution of a nurse or a Certified Nursing Assistant is a building block for a Plaintiff’s attorney’s civil case against the hospital as well as the nurse. Under Labor Code 2802, a nurse or a CNA who acted within the course and scope of employment is entitled to representation paid for by his or her employer. The Khachatourians Law Group specializes in representing nurses and CNAs in the criminal case as well as assist the provider in obtaining a favorable disposition of the civil case.
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Favorable Resolutions obtained by Arthur Khachatourians in Representing Nurses and CNAs
Director of Nurses accused of failing to notify the police of an allegation of abuse pursuant to Welfare & Institutions Code 15630 – Dismissed before Trial
Certified Nursing Assistants accused of 1) Falsifying a Medical Record, in particular the ADL Flow Sheet and Restorative Nursing Weekly Summary, in violation of Penal Code 471.5; 2) Forgery in violation of Penal Code 471; and 3) Resisting, Obstructing and Delaying a Special Agent from the Department of Justice in violation of Penal Code 148(a)(1) – Not Guilty
Registered Nurse accused of Elder Abuse pursuant to Penal Code 368(b)(1) – Dismissed Before Preliminary Hearing
CNA accused of Battery – Dismissal before Trial
Criminal Investigation for Elder Abuse and Failing to Report – No Criminal Charges/Rejected for Insufficiency of Evidence
Criminal Filing for Sexual Battery and Rape of Patient – Rejected for Insufficiency of Evidence
Nursing Investigation for Neglect of Patient Death – Rejected for Insufficiency of Evidence
Nurse accused of failing to notify the police of an allegation of abuse pursuant to Welfare & Institutions Code 15630 – Dismissed before Trial