The facts surrounding this case report are disturbing!

Maristela was issued a nursing license on March 15, 2004. At the time of the incidents, Maristela worked 7:00 p.m. to 7:00 a.m. in the Progressive Care Unit at Carilion Roanoke Memorial Hospital (Carilion). After receiving patient complaints and peer complaints, Carilion conducted a formal investigation. Maristela was suspended from employment, pending the investigation, and terminated on September 25, 2006.

What did Maristela do?

The facts surfaced during an administrative proceeding before the Virginia Board of Nursing. It was alleged that Maristela failed to properly care for his patients, falsified documents, and (most disturbingly) fell asleep during his shift. Maristela appeared, without counsel, at the administrative hearing. At the conclusion of the hearing, the Board voted to suspend Maristela’s nursing license for at least two years. Maristela appealed the suspension of his license but his appeal was denied by the Virginia Court of Appeals on November 23, 2010.

My Take: While I “tip my hat” to Carilion for suspending, and ultimately firing, the involved nurse, I question how long this outrageous conduct had been going on and how many other members of the Carilion staff knew about it before reporting the conduct.

Dan Frith
Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at