Sacramento, CA (Law Firm Newswire) March 10, 2014 - Elders in care deserve respect, dignity and to be cared for in an appropriate manner. That did not happen in this shocking case.
“The accused perpetrator in this horrendous case was actually captured on video tape fondling another nurse, while both of them sexually touched a 98-year-old stroke victim, who was unable to move. The nurse and male caregiver were privately hired to work in a San Diego home. No one expected to see the kind of conduct happening on that tape,” states Sacramento elder abuse lawyer Deborah Barron, who is not involved in this case. When the man was confronted with the tape, he left California and fled to Canada.
He was eventually arrested in South Vancouver where he had secured a job as a caregiver for a severely disabled child. The granddaughter of the woman who was abused hopes the accused is brought back to California to face justice and the dual charges of committing a lewd act upon a dependent adult and elder neglect. Justice officials and the elderly woman’s family are hoping nothing happened to the child and while it helps some to know that the man had his nursing license revoked, it does not resolve other allegations of elder abuse in a care home that he operated.
British Columbia’s Ministry of Children and Families and the Vancouver Police department report that any residential caregiver must have a documented criminal record check and the proper professional qualifications. The man had crossed the border into Canada by car before criminal charges were laid in the California case. It is doubtful the accused will be granted leave to stay in Canada, not after being arrested by Canadian Border Service Agents. “Most likely, the man faces extradition back to the United States, where he will face criminal charges,” Barron points out.
A case such as this one demonstrates quite clearly that elder abuse can happen anywhere, at any time and that no one, no matter what their condition may be, is immune to such assaults. Even though California does have “granny cam” laws, there are certain issues that pertain to their use that must be discussed with a competent elder abuse lawyer. “One of the biggest concerns is patient consent, and not just the patient being taped, but a possible roommate. This would, at times, also raise the issue of a patient being mentally cognizant and capable of giving permission to be recorded,” adds Barron.
If someone suspects nursing home abuse, immediately contact a nursing home abuse lawyer. Find out what rights the patient has, whether granny cams are permissable and how to get the kind of permission needed to install such a device. The well-being and life of an elder loved one may rest on the sharp-eyed observations of family. Find out what is legally correct so any case filed stands up in court.
Barron Law Corporation
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Sacramento, CA 95833
Toll Free: 800-LAW 5908
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San Francisco, CA 94133
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