In the Courts: Circumstantial Evidence Enough to Support Criminal Charge against CNA Who Hit Resident

April 6, 2018 | Aging Services Risk, Quality, & Safety Guidance

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In a criminal case against a certified nursing assistant (CNA) who allegedly hit a resident, the Appellate Court of Illinois, first district, has affirmed the CNA's conviction. However, in keeping with the state's "one act, one crime" principle, it remanded the case to the trial court for determination of which charge—aggravated battery or care-facility resident abuse—should stand and which should be vacated.

The resident was 63 years old and had lived at the nursing home for five years. Her many illnesses included dementia possibly resulting from a previous stroke, schizophrenia, epilepsy, seizure disorder, and cirrhosis. She sometimes became...

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