12/20/01: Okay, now that I know some of the facts...

Posted By: Uber


By the way, I do Health Law...

This is both a criminal and tort issue (malpractice). Without going into too much detail, I would say that the nurse and hospital will be (or are already, if I understood you right) sued for a bunch of money.

Now, as far as the DA is concerned. There's something in crim law called culpable negligence. There are certain cases where you owe a duty of care to another person, and if you breach that duty of care then you may be charged with manslaughter. "Failure to act" is basically what it is. So if the nurse knew he was dying and took no action, the DA may charge her with manslaughter.

You did the right thing. I know it sucks, but if you were one of those family members who lost someone due to gross (criminal) negligence you would want justice and some compensation. I would advise you to call a lawyer.

Things like this don't generally go away on their own, and talking with the DA may actually bring it closer to closure. Like I said, CALL A LAWYER. Lest the DA get any issues with you. (They CAN have the troopers bring you in as a material witness).

But this sounds like culpable negligence to me. (on the nurse's part). From what I've heard thus far.


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