Case Result: Nursing Assistant Argues Self-Defense When She Slapped Unruly Patient’s Hand Away After Biting Her

Professional:
Certified Nursing Assistant

Primary issue:
Client certified nursing assistant was terminated from her job and reported to the Florida Department of Health (DOH), after a registered nurse told supervisors they saw the CNA slapping a patient in the face.

Argument:
The Florida health care licensing defense attorneys at Chapman Law Group denied the allegation against client CNA. We contended that the CNA was caring for the patient, who was elderly and mentally ill, when out of the blue the patient grabbed and bit the CNA so hard that, within seconds, markings formed. As an immediate reaction, the CNA slapped the patient’s hand away.

We noted that the patient was notoriously difficult and problematic; that the CNA was only protecting herself against an assault; and that it was improper for the CNA’s employer to put her in such a dangerous position knowing the patient was troubled. We built a defense which included obtaining photographic evidence of the bite markings and mitigation.

In addition, we asserted that the CNA, in her nearly 30 years on the job, had never had a single complaint from either patients or staff and has always been highly regarded as a great employee.

Result:
The case was dismissed with a letter of guidance.

Areas of Law:
Healthcare Licensing
Professional Licensing Defense
Department of Health Investigation

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.