Criminal Defense for Nurses Accused of Crimes in California

Nursing is an honorable yet demanding profession, requiring technical skill and strict adherence to legal and ethical standards. Nurses in California are held to particularly high standards under the law due to the sensitive nature of their work. They must handle vulnerable patients, medications, and sensitive information daily, often in high-stress situations. And unfortunately, these high stakes sometimes mean if a mistake or misunderstanding occurs, it can sometimes lead to criminal charges–especially in situations where controlled substances are mishandled, or patients become victims–requiring the nurse to seek help from a California criminal defense attorney. Let’s take a closer look at some of the applicable California statutes under which a nurse might find themselves facing criminal charges.

Drug-Related Offenses

While most nurses don’t prescribe medications (the exception being nurse practitioners or NPs), they do have responsibilities to handle and administer controlled substances on behalf of patients. Missteps in this area can lead to charges such as the following:

Possession of Controlled Substances (PC § 11350, § 11377): It is illegal to possess controlled substances, including opioids like fentanyl or morphine, without a valid prescription. Nurses frequently access these substances at work, which can sometimes lead to suspicion or allegations of unauthorized possession.

Prescription Fraud (BPC § 4324, HSC § 11173, § 11153): Forging prescriptions, falsifying records, or using fraudulent means to acquire medications fall under this category. This offense can arise if a nurse is accused of exploiting their access to prescription systems.

Diversion of Medication (HSC § 11154, § 11155): Diverting controlled substances for personal use or theft from a workplace is a serious crime that can jeopardize patient safety and lead to felony charges.

Common Defense Strategies Include:

Proving the nurse’s access and handling of medications followed standard procedures.

Establishing that procedural errors or workplace systems contributed to the allegations.

Theft and Fraud-Related Offenses

These kinds of charges may arise from misunderstandings about financial transactions involving patients, co-workers, or employers. Common offenses include:

Insurance Fraud (PC § 550): Filing false insurance claims, inflating bills, or participating in fraudulent schemes involving healthcare benefits can lead to criminal prosecution.

Identity Theft (PC § 530.5): Using another person’s identifying information for personal or financial gain is classified as identity theft. Charges could occur if a nurse is alleged to have misused patient details.

Common Defense Strategies Include:

Demonstrating that any discrepancies were unintentional or due to clerical errors.

Highlighting a lack of personal benefit tied to the nurse’s actions.

Assault and Abuse Offenses

Nurses accused of unwanted physical contact or emotional harm toward patients or colleagues might face criminal charges. These cases are particularly complicated in medical settings, where misunderstandings about necessary medical interventions can occur.

Elder or Dependent Adult Abuse (PC § 368): Nurses who care for elderly or dependent individuals may be accused of physical, emotional, or financial abuse.

Child Abuse (PC § 273a, § 273d): Those working in pediatric care settings risk charges of child abuse if their actions are perceived as harmful. Even routine medical procedures can sometimes be misinterpreted or questioned.

Assault and Battery (PC § 240, § 242): Allegations of unwanted or excessive physical contact with a patient or coworker could lead to assault or battery charges, even if the intent was not malicious.

Common Defense Strategies Include:

Providing evidence that the actions were medically required or consented to.

Establishing that the allegations arose from a misunderstanding or misinterpretation of events.

Manslaughter and Criminal Negligence

In a literal sense, patients’ very lives and well-being are often in the hands of nurses. Missteps that lead to patient harm and/or death can sometimes result in charges along the following lines:

Criminal Negligence (PC § 192.5, § 368(b)): Gross medical negligence resulting in significant harm or death to a patient may lead to criminal prosecution.

Involuntary Manslaughter (PC § 192(b)): Nurses could face this charge if accused of causing a patient’s death through negligent or reckless actions.

Common Defense Strategies:

Highlighting adherence to established protocols during the incident in question.

Demonstrating that other factors or individuals likely contributed to the outcome.

Sexual Misconduct

Nurses must often interact with patients in intimate or vulnerable settings, which can sometimes lead to misunderstandings or the crossing (even inadvertently) of moral/ethical boundaries. If patient consent is perceived to be violated in any way, criminal charges such as Sexual Assault or Lewd Acts (PC § 243.4, PC § 288) may result. Allegations may involve blurred boundaries or patients misunderstanding necessary physical interactions during examinations or treatments.

Common Defense Strategies:

Demonstrating through records or testimony that actions during patient care adhered to medical guidelines.

Challenging inconsistencies in the accuser’s statements or recollections.

Failure to Report and Related Offenses

Under California law, nurses are mandatory reporters for certain forms of abuse. They are also responsible for maintaining clear and accurate records on behalf of patients. Failing in these responsibilities can also result in criminal charges such as the following:

Failure to Report Abuse (PC § 11166): Nurses are mandatory reporters for suspected cases of child, elder, or dependent adult abuse. Failing to file a report when required by law can result in misdemeanor or felony charges.

Falsification of Medical Records (PC § 471.5): Deliberately altering or omitting patient records to deceive or mislead could lead to severe criminal penalties.

Common Defense Strategies:

Providing documentation to show reasonable judgment in assessing and reporting suspicions.

Demonstrating that any discrepancies in records resulted from human error rather than intent to deceive.

How to Protect Yourself

If you’re a nurse charged with a crime in southern California, the repercussions can be devastating, not only resulting in possible fines, jail time, and a criminal record, but possible loss of your nursing license as a result. Your best hope of avoiding or minimizing these outcomes is to hire an experienced Los Angeles criminal defense attorney to help you. For compassionate, skilled legal representation against criminal charges, call our offices today to schedule a consultation.