October 24, 2012 – Two Ohio nurses face criminal charges in the malnutrition case that left a 14-year-old with cerebral palsy dead. The young patient weighed a meager 28 pounds at the time of her death.
The two nurses, one from Miamisburg and the other from Englewood, were ultimately sentenced to up to five years of probation in the Montgomery County Court of Common Pleas in Dayton, Ohio in connection to the death that took place on March 1, 2011. The two women were initially facing up to one-and-a-half years in prison.
According to authorities, the 14-year-old girl suffered from multiple bed sores and was living in filthy conditions at the time she died from nutritional and medical neglect which was complicated by her cerebral palsy. The coroner said that this was the "worst malnourished child" his office had ever seen.
The two nurses, ages 64 and 43 plead no contest to failing to provide for a functionally impaired child and they were facing going to prison for up to 18 months.
As a condition of their sentence which was handed down by Judge Mary Katherine Huffman, the two women had to agree to surrender their nursing licenses. The two former nurses will no longer be allowed to practice in the state of Ohio.
The two women are still facing misdemeanor charges in a juvenile court which has the potential to carry prison time; their status conference is scheduled for Monday; however, their trial has not been scheduled yet.
The defendants' attorneys claimed that the two nurses played a much smaller role in the teen's death than the girl's mother and another nurse. The girl's mother was sentenced to nine years in prison in connection with her daughter's death, and the other nurse is scheduled to have a trial on November 5th. She pleaded not guilty to charges of involuntary manslaughter, and for failing to provide for a functionally impaired child, and for tampering with records.
According to the prosecutors, the teen was supposed to be cared for by her mother and the other nurse, who had the responsibility to care for the girl six out of seven days a week. The 43-year-old defendant was supposed to supervise the main nurse, as well as visit and inspect the girl's living conditions, and perform physical assessments of the girl every 30 to 60 days, while the 64-year-old defendant was scheduled to assess the girl's home, her living conditions, and her health every six months.
The attorney for the 43-year-old nurse who was scheduled to check on the girl every 30 to 60 days said that his client is very, very heartbroken and remorseful; he also said that during her nursing career, she had done many good things and helped many people.
At Gounaris Abboud, LPA, we have over 20 years of combined courtroom experience. We have personally witnessed first-hand how sometimes things get out of our clients' control and bad things happen to good people. In this case, the two nurses lost their licenses to practice in the state of Ohio, but fortunately they have maintained their freedom and managed to stay out of prison thus far. We handle all types of criminal matters including: juvenile charges, sex crimes, violent crimes, white collar crimes, and federal crimes.
If you are facing criminal charges in Dayton, we urge you to contact our firm at once to discuss your options. Having the right attorney can make all the difference in the outcome of your case, so give us a call today!