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FINNERTY v. BOARD OF REGISTERED NURSING

No. B200659.

168 Cal.App.4th 219 (2008)

ELLEN HUGHES FINNERTY, Plaintiff and Appellant, v. BOARD OF REGISTERED NURSING, Defendant and Respondent.

Court of Appeals of California, Second District, Division Eight.

November 13, 2008.

Attorney(s) appearing for the Case

Phyllis M. Gallagher for Plaintiff and Appellant.

Diane Trace Warlick for The American Association of Nurse Attorneys as Amicus Curiae on behalf of Plaintiff and Appellant.

Edmund G. Brown, Jr., Attorney General, Alfredo Terrazas, Assistant Attorney General, Karen B. Chappelle, Marc D. Greenbaum and Rene Judkiewicz, Deputy Attorneys General, for Defendant and Respondent.

OPINION

COOPER, P. J.

SUMMARY

Ellen Hughes Finnerty, a registered nurse, petitioned for a writ of mandate requiring the Board of Registered Nursing (Board) to set aside its decision disciplining her for gross negligence and incompetence. The Board disciplined Finnerty in connection with an incident during which Finnerty refused to comply with a resident physician's order that a patient be intubated immediately in his room...

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