Malpractice Lawyer NYC Nursing Home Criminal Negligence Case

The nurse worked at a licensed nursing home facility in Queens, New York. A resident with chronic pulmonary issues exhibited mild secretion symptoms shortly after a meal. The nurse determined that immediate suctioning was not clinically indicated at that time. Several hours later, the resident was found unresponsive, and the Office of the Chief Medical Examiner listed asphyxia as a suspected cause of death.

The family filed a complaint, and the New York City Police Department initiated an investigation. Prosecutors evaluated the matter under New York Penal Law §125.10, which defines Criminally Negligent Homicide as causing death through criminal negligence. Criminal negligence requires a gross deviation from the standard of care that a reasonable person would observe.

Medical records demonstrated that the patient was alert and communicative after the meal. Vital signs remained stable, and there were no acute respiratory distress indicators. Clinical literature recognizes that suctioning immediately after eating may increase aspiration risk in certain patients.

Under New York Penal Law §15.05 subsection four, criminal negligence exists only when the failure to perceive a risk represents a gross deviation from reasonable care. Expert review indicated that the nurse acted within accepted nursing standards. Therefore, the conduct did not rise to the level required for criminal prosecution.

The resident had executed a valid Do Not Resuscitate order pursuant to New York Public Health Law Article 29 B. The facility maintained documentation confirming the directive. When cardiac arrest occurred, the nurse followed the documented instruction and did not initiate cardiopulmonary resuscitation.

New York courts recognize that compliance with a lawful DNR order does not constitute criminal conduct. The defense emphasized that adherence to a documented advance directive aligns with statutory and regulatory requirements. Therefore, the absence of resuscitative efforts could not legally support a homicide charge.

The autopsy findings referenced airway obstruction but did not conclusively determine the timing or mechanism. Medical experts explained that sudden aspiration events can occur rapidly and unpredictably in high risk elderly patients. The nurse initiated oxygen support and airway clearance efforts immediately upon discovering the emergency.

Under New York law, causation requires that the defendant conduct be a sufficiently direct cause of death. If intervening medical conditions independently produce the fatal outcome, criminal liability fails. The defense submitted expert affirmations establishing that the death could not be conclusively attributed to the earlier clinical decision.

The prosecutor concluded that the evidence did not establish a gross deviation from accepted medical practice. The office further determined that causation could not be proven beyond a reasonable doubt. As a result, no charges were filed under Penal Law §125.10.

Healthcare professionals in New York face increasing scrutiny when adverse outcomes occur. A NYC malpractice lawyer strategy that combines medical expertise with criminal defense analysis can prevent reputational harm and licensure consequences. Our firm can assist healthcare providers confronted with investigations involving alleged criminal negligence, regulatory exposure, or prosecutorial review in New York.