State v. Ms. M (DMC No. 17197) – (11 Counts) Felony Financial Consideration of a Referral of a Patient (Per ARS 13-3713) $10,100, and (1 Count) Felony Adult Abuse – Complete Dismissal at Jury Trial (with Prejudice) Due to Factual Insufficiency – Mar 29, 2022 – Maricopa County Superior Court (Case No. CR2020-001889)  

Ms. M and her husband owned and ran and end-of-life nursing care home where they provided care to a small number of elderly patients who were dealing with terminal health issues. A nurse who worked for them had met one of their patients, and thought that he was overmedicated with morphine in order to make him more controllable. The patient was removed from their care and taken to the hospital. Ultimately, he died eight days later. At that time an investigation ensued, claiming that Ms. M and her husband were using high doses of morphine as a chemical restraint to control her patients, and that they were also accused of paying amounts  above $1,000 for Referral Fees in order to garner patients. It was at that time Ms. M secured the services of DM Cantor.

We were able to show that it was not illegal for Ms. M and her husband to pay Referral Fees, as long as the patients that were being referred were not covered by government insurance in any way, shape or form. After those Charges were Dismissed, we then went on to hire a Private Medical Doctor to conduct an autopsy and review medical records. We were able to show that the patient who died was not overmedicated with morphine. We were also able to show that his death was not related to any legal doses of morphine he was provided while he was under their care. Ultimately, on the eve of Jury Trial, the State moved to Dismiss All Charges, With Prejudice. This means that the Charges can never be brought back up. Ms. M could have been Sentenced to well over a Decade in Prison if she were Convicted of these Charges. However, she has No Criminal History on her Record, and her and her husband are successfully running their business to this day.