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TheFirearmsForum.com
FOUNDED: February 9, 2001 |
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#1 |
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Former Guest
Join Date: Jul 2009
Location: Sanford,Michigan
Posts: 369
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My wife is a CNA and on the way to recieving her RN pretty soon,and she is is/was employed at an assisted living home.Well,one of the residents had fallen multiple times in past weeks,and after going to the emergency room then to the doctor,she was found to have a broken sternum.The next day this elderly woman accused my wife of hurting her,she says my wife stood over her and punched her,which is all a lie,or a demented hallusination,one way or the other,it isn't true.Now my wife is asked to bring in a statement and her CNA certificate to work,where her boss promplty fired her.And all because of a resident lied,or had a dream or something,and this is the same resident who accused another staff member of trying to kill her.My wife is heartbroken that she has to leave all her beloved residents behind that she has taken care of for 2 years,and it is hard to not be angry with the situation,and on top of the job loss,my wife has to talk to the police soon,it is just a bad situation,and and support from you may cheer her up.
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#2 |
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Advanced Senior Member
Join Date: Jul 2008
Location: Minnesota Gal!
Posts: 4,730
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OMG, that's awful. I don't even know what to say, someone being accused like that with no competent witnesses. That's a real shame, tell her my thoughts are with her.
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_____________________________________________ "Miss Scarlet, in the library...with a revolver...." |
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#3 |
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Advanced Senior Member
Join Date: May 2009
Location: Northwest GA
Posts: 1,385
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Dementia in the elderly is always sad. I feel for your wife's situation.
My father is getting pretty senile these days, he told me a couple months ago how the local deputies had shown up one night looking for something he didn't understand, only to realize they were at the wrong house. He even described how one of the cruisers had driven around the side of the house. I was trying to figure out why the dog hadn't gone off on them, and walked around outside to see if the lawn was damaged. No tire tracks at all, but the dirt there is soft enough to stomp a hole in with my foot. That's when I realized the deputies had never been there at all. He's also had an imaginary person show up and do mischief for years, he calls it "the vandal." Any time something happened he didn't understand he blamed it on this nonexistent person. When a dry-rotted tire went flat, it was "the vandal," who he said had let the air out of the tire. When the floodlight got left on he blamed "the vandal" who had supposedly run into the house while he was outside, turned the light on, and left. These things happen pretty often. Thankfully he has finally stopped blaming this imaginary being, since he's gotten the big German Shepherd. He credits Mike with keping "the vandal" away. Ninjatoth, I'm glad you don't seem excessively angry toward the woman, if she's experiencing dementia it's not her fault. Senility is a serious mental condition. I wish it hadn't cost your wife her job, for that I'd have to question her ex-employer's policies. I know they have to closely monitor patients for elder abuse, itr's a bad situation all around.
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Karma is just justice, without the satisfaction. And I don't believe in justice. -Joe Sarno, bagman. |
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#4 |
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*TFF Moderator/Host*
Join Date: Jul 2008
Location: DAV, Deep in the Pineywoods of East Texas, just west of Shreveport, LA
Contributor
Posts: 11,552
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No witness! No defense! Sounds like a law suit to me!
__________________
Y'all be safe now, ya hear!Lamentations Chapter 5: 1. Remember, O LORD, what is come upon us: consider, and behold our reproach. 2. Our inheritance is turned to strangers, our houses to aliens. 3. We are orphans and fatherless, our mothers [are] as widows. 5. Our necks [are] under persecution: we labour, [and] have no rest. 16. The crown is fallen [from] our head: woe unto us, that we have sinned! 21. Turn thou us unto thee, O LORD, and we shall be turned; renew our days as of old. |
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#5 |
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Registered User
Join Date: Feb 2009
Posts: 2,227
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#6 |
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Advanced Senior Member
Join Date: Oct 2007
Location: Northern piedmont of Va. and Middle of Nowhere, West Virginia
Posts: 1,013
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Even crazy people are liable for their tortious misconduct. And this one is called "intentional interference with economic relations" as well as "slander per se". Get a lawyer and sue the patient.
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===== Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state. |
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#7 |
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Advanced Senior Member
Join Date: Mar 2008
Location: New Iberia, Louisiana
Contributor
Posts: 7,859
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Sounds like a plan to me.
![]() Art
__________________
![]() God and the soldier we like adore, In times of trouble, not before. When troubles ended and all things righted, God is forgotten and the soldier is slighted. Francis Quarles 1592 - 1644 __________________ When asked for my race, I answer CauCajun. Hope is not a plan, and not all change is good. The resistance is here; the resistance is now. RESIST! These hands are neither cold nor are they dead!! |
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#8 |
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Senior Member
Join Date: Feb 2009
Location: Off the right coast
Posts: 676
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This is one of the reasons for CCTV systems in assisted living centers.
Look at all the videos that end up on the news, If that facility doesn't have 'em, they are wide open for lawsuits.
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A politician can do only that which the law provides,but, a private citizen can do anything that the law does not prohibit. -AR. When they came and got me, I went Peaceful.
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#9 |
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V.I.P. Member
Join Date: Jun 2009
Location: Bakersfield
Posts: 439
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My grandfather sufffered from dimentia before he died as well. Often he would come in the middle of th enight and tell us he owes "Johnny" 20 dollars. Although he did nto owe any money to anyone, we figured it may have been someone from when he was in the navy. Dimentia plays ugly tricks on people and to them everything is real.
Strange though that they have a patient that has that sickness and the administrative staff at the home would take the word of the patient over the nurse without even considering that the nurse did nothing to the patient. It all appears that they are covering their collective asses by terminating your wife. Which I think is wrong. The nursing home should have the balls to stand by their employees when they KNOW the nurse is innocent.
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Im not a complete idiot.... parts are missing |
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#10 |
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V.I.P. Member
Join Date: Mar 2008
Posts: 173
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Your wife should have demanded a mental evaluation of the patient prior to termination to determine if the patient was credible. I understand the concern of elder abuse, but elderly patients are often not in their right minds when they accuse people of doing things.
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#11 |
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Registered User
Join Date: Feb 2009
Posts: 2,227
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I feel for you in this situation. Life can deal some cruel blows and sometimes it is hard to understand. I had a co-worker friend who was accused of sexually assaulting a girlfriend's child. He copped a plea and did 30 months rather than risk a life sentence. He said he didn't do it and I believed (still do) him. Nowadays you wouldn't get a 30 month plea, the best you would get is 10 years.
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#12 |
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V.I.P. Member
Join Date: Oct 2008
Location: Moosehead Lake, Maine
Posts: 433
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Believe when I say I can empathize with you. Both of my parents were in homes that gave great care to them and my mom accused everyone of stealing things from her and of course it wasn't true. I would hire a lawyer, if you can; the pressure these nursing homes are under from the state/feds are extreme, but they also owe their workers a fair hearing as well; that's their job too. Not really investigating what happened is not right and under your state's "fair labor laws" there must be some "rights" spelled out for the laborer.
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#13 | |
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Advanced Senior Member
Join Date: Apr 2002
Location: Location: Location
Contributor
Posts: 8,247
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Quote:
Normally I would be sensitive to this poor elderly lady's mental and physical condition, additionally I hate this sue happy generation, but we are talking about your wife's reputation and career which she has busted her butt to achieve. If you take this lying down I can only imagine that this 'black mark' will follow her through out the rest of her nursing career... I know lawyers are expensive and many times just damn near impossible to afford, but in this case I don't see how I could afford NOT to hire one... I know User could give you much better advice than I, but I can only hope that if you were open and honest with a lawyer about any financial hurdles that you may have in front of you, that he/she would allow you to make payments or wait until a settlement is reached before taking any money...Or at least refer you to someone nearby who would be likely to work with you in this manner. And don't forget the Assisted Living house... I would think that they are as much at fault as anyone! Please keep us posted, you and your wife are in my thoughts. Crpdeth
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Our greatest pretenses are built up not to hide the evil and the ugly in us, but our emptiness. The hardest thing to hide is something that is not there. ~Eric Hoffer |
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#14 |
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Advanced Senior Member
Join Date: Jul 2007
Location: Jackson County West Virginia
Posts: 2,237
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First off I don't want Ninjatoth to feel like this is an attack of any sort on his wife or himself.
I find it kind of disturbing that everyone here has piled on the elderly patient. I worked in a nursing hone for a couple of years and these poor people do get abused. Many were abused by their families prior to being sent to the homes. There comes a time in life that a lot of elderly people revert back to an almost child like state and are vulnerable just like a child. I don't think if the accuser in question was a child that everyone here would be showing the same type of empathy towards that child that has been shown towards this elderly person. No one here knows the facts about what happened. I am sincerely hoping that Mrs Ninjatoth was involved in nothing more than an unfortunate mix up and that the situation will soon be resolved. I fully understand the institutions reaction to the event. Nursing homes are constantly fighting off allegations of abuse towards its residents. To do nothing would have left them open to a tremendously expensive law suit. From a business stand point it was probably more cost effective to dismiss Mrs Ninjatoth. It doesn't make the reaction right but in the administrators eyes it was necessary. Ninjatoth I hope that this incident is resolved quickly and that no harm comes to your wifes reputation and integrity as a healthcare provider. I only replied to this because it seemed to me that everyone was dumping on elderly nursing home residents. This kinda falls in line with the so called "death panels" that Obama's healthcare program was accused of setting up for end of life care during our golden years. |
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#15 |
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V.I.P. Member
Join Date: Mar 2007
Location: Northeast
Posts: 307
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I've been through a similar situation when my Dad was in a home. He fell and injured his face. Terrible bruising that would make you think someone had "worked him over".
The home put the blame on one of the staff for leaving him unattended and told me they planned to dismiss the young girl. After looking the realities over for a day ... I stepped in and told the administration of the facility that I specifically requested that this same girl be assigned as my Dad's caregiver whenever feasible and if she was dismissed my Dad would be taken elsewhere. As said by others .... these facilities just "react" to situations in the easiest direction. |
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#16 |
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Former Guest
Join Date: Jul 2009
Location: Sanford,Michigan
Posts: 369
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We are getting more angry as things progess.I have a disability and am recieving disability benefits,so we needed a paper stating from the home that she was terminated.We got a short letter saying that she was terminated due to past history and abuse allegations!How can her employer say that without an investigation even being finished?My wife talked to the police detective today,and he said that he can't see as where a crime was committed.So that's pretty much his report,but now it has to go to the state agency to be investigated by them.First the old lady said she was hurt in the back,then the shoulder,now she is saying my wife punched her in the chest!And not one time did my wife ever deal with this woman alone!She was always with a co worker,the resident is a two person job.The state agency is also investigating the home itself and finding things wrong with it,so my guess is,instead of addressing the current problems,or admitting that this woman has dementia and belongs in a nursing home,not assisted living home,they would rather just say that they have one bad employee that is abusive.The boss ignored my wife's phone calls today,and when we went into the home to get the termination papers,the main boss gave her dirty looks and "escorted" her out.My wife couldn't help but to give hugs to her former residents as she left,she said as many goodbyes as she could.
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#17 |
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Advanced Senior Member
Join Date: Dec 2005
Location: SW GA CSA
Posts: 1,162
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It is amazing what a change in attitude a letter from an attorney can bring about. A lot of attoneys will take a case on contingency with no money up front. Also most have to do some pro bono work
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NRA Endowment Member Keep Your Powder Dry |
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#18 |
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Advanced Senior Member
Join Date: Mar 2008
Location: New Iberia, Louisiana
Contributor
Posts: 7,859
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Please talk to a lawyer.
Nursing Homes are some sleazey operations. My ex was a LPN who worked at a NH for 13 years, only to be fired because they could hire some one fresh out of school for a couple of dollars p/h cheaper. ![]() Art
__________________
![]() God and the soldier we like adore, In times of trouble, not before. When troubles ended and all things righted, God is forgotten and the soldier is slighted. Francis Quarles 1592 - 1644 __________________ When asked for my race, I answer CauCajun. Hope is not a plan, and not all change is good. The resistance is here; the resistance is now. RESIST! These hands are neither cold nor are they dead!! |
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#19 |
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Advanced Senior Member
Join Date: Jul 2007
Location: Jackson County West Virginia
Posts: 2,237
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Art has given you excellent advice. Your wife needs this cleared up and her record cleared if she ever has any desire to continue in the health care profession.
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#20 |
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Advanced Senior Member
Join Date: Feb 2007
Location: Jacksonville, AL
Posts: 1,255
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GET A LAWYER!
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#21 |
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Former Guest
Join Date: Jul 2009
Location: Sanford,Michigan
Posts: 369
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Well,the detective has finished his investigation and finds that he sees where no crime has been committed,and he called my wife to tell her that.But now,the daughter of the resident has requested that the case be sent to the prosecutors office.Now we wait and wait,becuase depending on what the prosecutor decides,my wife could be arrested if he thinks there is a case.It is a stressful time.I hope real justice is served and someone pays for this,there is a real victim here,my wife,and she now has no job and could lose her future for a person that lied,or is dillusional.
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#22 |
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Advanced Senior Member
Join Date: Jul 2007
Location: Jackson County West Virginia
Posts: 2,237
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Your wife needs to hire a lawyer if she has not already until this all blows over. From the sounds of the residents daughter you can probably expect a civil suit to be filed if the prosecutor does not file criminal charges against your wife. Things could be getting pretty expensive for you and your wife. Keep us informed of the situation.
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#23 |
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Advanced Senior Member
Join Date: May 2009
Location: Northwest GA
Posts: 1,385
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Sounds like another time where the victim ends up being the one treated like a criminal. I'm sad to hear this, my thoughts are with your family.
Seriously, you need a good lawyer. Or three.
__________________
Karma is just justice, without the satisfaction. And I don't believe in justice. -Joe Sarno, bagman. |
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#24 |
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Former Guest
Join Date: Jul 2009
Location: Sanford,Michigan
Posts: 369
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Well I have an update:After about a month and a half,my wife got fed up and began mildly harrassing the prosecutors office to get them to look at these allegations and make a move.The prosecutor himself called back to tell her that they are not pursuing charges.There is no evidence,he believes the detective that said there don't appear to be any crime committed,and the detective also said that the "victims" story would change while he was talking to her.So,justice was finally served as far as the law goes,but now comes the task of getting that black mark off my wife's CNA license so she can get another job and finish getting her RN.
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#25 |
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Advanced Senior Member
Join Date: Jan 2009
Location: Mid Missouri
Posts: 1,184
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Things, finally seem to be turning around. What a freaking hassle! Does she still want to work with the elderly?
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