Legal Question in Medical Malpractice in California

Is it a crime/can a Nurse Supervisor be arrested, if that Nurse Supervisor intentionally denied medical treatment of a mentally disabled patient at a nursing facility, by not sending that patient to a Hospital's Emergency room, because the patient was showing signs of extreme stress in the face (from a Hernia), despite repeated requests from the patient's father?. And as a result of a day's delay, that patient became paralyzed from the hernia.. The staff at the Hospital said that because the Nursing Supervisor (from the nursing facility) delayed medical treatment, the patient (whom used to walk, before the hernia) has now become paralyzed, and that if that Nurse Supervisor (from nursing facility) had delayed any further, the patient would have died... This happened 1 3/4 years ago (about 20 months ago). Is it to late to file (if applicable) criminal charges?


Asked on 7/25/15, 8:04 am

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

You can always make a police report. It's up to the authorities to decide whether or not there's sufficient evidence of a crime to actually file charges against the Nurse Supervisor.

You can also file a complaint with the licensing and certification division of the California Department of Health Care Services.

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Answered on 7/27/15, 8:38 am


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