Case Result: Defended ALF Administrator Who Was Arrested, Charged with Elder Neglect

Professional:
Assisted Living Facility Administrator (Florida)

Primary Issue:
A patient being seen by his own primary care physician was taken from the facility and hospitalized.  Upon his return he began to act lethargic, confused and unable to ambulate. The primary physician was called and saw the patient. The primary care physician removed a specific medication combination and told the nurse the patient did not need to go to the hospital and would be better within 48 hours. The nurse reported this to the administrator, who is not a medically trained person. The administrator did not send the patient to the emergency room based on the physician’s opinion.

Two days later the patient was taken to the hospital and treated. Following the admission, authorities arrested the administrator and charged him with neglect of an elderly patient. The authorities were working from incorrect information.

After our investigation, we were able to obtain an affidavit from the physician and from the nurse supporting the facts that the physician made the decision, relayed it to the nurse, and the administrator did not ignore or neglect the patient.

Benefit of Using Chapman Law Group:
Chapman Law Group was able to immediately obtain necessary and missing facts that will lead to the dismissal of the action. We were able to discuss the case with the treating physician and obtain an affidavit that will lead to the dismissal of the criminal charges. Additionally, our attorneys were able to meet with the nurse and obtain an affidavit that supported the administrator’s statement that he was relying on the advice of the treating physician.

Result:
At the time of this writing, the prosecutor halted the prosecution and should dismiss the criminal charges shortly.

Areas of Law:
Criminal Defense
Standard of Care

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.