Nurse’s Aide Exonerated
BMBB partner Jason Rozger earlier this month represented a certified nurse’s aide (CNA) accused of patient abuse. After deliberating a little more than an hour, the jury acquitted the aide of all charges. This is the fourth time Rozger has represented a CNA at a criminal trial, and each time his client was found not guilty.
The agency prosecuting these cases, the Medicaid Fraud Unit of the N.Y. State Attorney General’s office, in our view brings criminal prosecutions for incidents (if they occurred at all) that would be more appropriately handled through workplace discipline or civil proceedings in the Department of Health. Four juries, so far, have agreed.
The AG’s office also has policy of not plea bargaining in these cases, which results in wasted time and money to both the government and the accused. BMBB will continue to fight for the rights of employees, in both the civil and the criminal courts.