Tag: criminal charges

Medical Malpractice Attorneys: When Medical Negligence Turns Criminal

In recent days, the trial of Dr. Conrad Murray, the former personal doctor of pop star Michael Jackson, has been the topic of much attention and conversation across the country. Medical malpractice attorneys note that the case revolves around one question; did the doctor’s conduct surpass mere medical negligence?

Generally, when a doctor commits an act of negligence, lawyers will file a lawsuit as a civil case. In civil cases, plaintiffs seek to be compensated for a wrong committed by a doctor, but there is no risk of facing jail time. In cases of egregious medical errors, district attorneys have the authority to file criminal charges against the healthcare provider.

What is the Standard of Care

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The standard of care can be understood as the requirement that a doctor act responsibly and cautiously in order to avoid any harm to their patients. Across this country, states have different statutes and codes which define what constitutes medical malpractice. In order for a doctor to be charged in a criminal case, as opposed to the more common civil malpractice cases, he or she must grossly breach their standard of care. In order to achieve a conviction, prosecutors must prove criminal negligence or provide evidence that the doctor put himself in to a position that other doctors would have avoided. Julie Cantor, an attorney with a medical degree and a professor at UCLA School of Law, described the realm of criminal charges following medical malpractice as “a gross incompetence or indifference to a patient’s well being.”

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Neglect Brings Criminal Charges to Facility Owner and Employee

In a shocking and rare turn of events, nursing home abuse has put an assisted living facility caretaker in jail for 31 months following the death of a resident.

Nursing Home Neglect in a Washington State Facility

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Jean Rudolph died in 2008 at age 87 due to infection caused by three stage 4 bedsores that went untreated.
Jean Rudolph, 87, was a resident at the Houghton Lakeview adult home in Kirkland, Washington. She suffered from Alzheimer’s Disease, as well as varied heart problems. She was virtually bedridden and had extreme difficulty verbalizing any complaints she may have had regarding pain or discomfort.

When Jean died, she weighed 68 lbs, and was being ravaged by infections caused by three untreated, stage 4 bedsores that had burrowed to her bones. A pressure ulcer on her hip revealed a hip joint jutting out of her body.
When her son was notified of the bedsores, after almost a month of severe neglect, he rushed his mother to the hospital where she died three weeks later.

Her caretaker, Effie Tutor, was sentenced to 31 months in jail for a felony count of first-degree criminal mistreatment. Nursing Home owner, Patricia Goodwill, plead guilty to second-degree criminal mistreatment. Prosecutor Page Ulrey has asked for a one year jail sentence.

Unbeknownst to Rudolph or her family, the Washington Department of Social and Health Services (DSHS) had previously cited Houghton Lakeview with a number of serious health and safety violations. After Rudolph’s death, the facility was closed down. Investigators are looking into another nursing facility that Goodwill owns in Washington. The DSHS is currently reviewing her conviction to determine whether or not she should be stripped of her license to run the other facility.

Are You a Victim of Elder Abuse or Nursing Home Neglect?

Elder Abuse and Nursing Home Neglect are a serious epidemic in today’s long term care industry. It’s a good thing that law enforcement and juries are seeing these as criminal offenses, and forcing punishments upon offenders.
If you or a loved one have suffered in any way due to elder abuse and/or nursing home neglect in a nursing home or long term care facility, please contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Let the Mininno Law Office team earn you the compensation you deserve.