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Reader: "Here is the legal side of the argument."

Posted By: hobie
Date: Wednesday, 11-Nov-2020 20:13:06
www.rumormill.news/157805

In Response To: Retired nurse arrested for rescuing lonely mother, 97, from care home (CrystalRiver)

(Thanks, M. :)

(However, imagine watching your Mom slipping away and being clearly unhappy, on the other side of a pane of glass, and wanting desperately to help in some way and at least let her know she is loved.)

Reader MA offers:

***************************************************************************

Reader MA response to CR post of retired nurse arrested.

Hobie, I believe RMN is an opinion site and can be used to educate the public.

There is a humanity side to Crystal River's post of the 73 yr old retired nurse and her 43 yr old daughter "kidnapping" the 73 yr old retired nurse's mom.

The story let's us know the 97 year old mom is in ill health. This is during a perceived covid pandemic.

Here is the legal side of the argument.

The woman while checked into that facility is under the hospice care of the staff. They have probably been tested for covid often and have procedures for interacting with the patients, including masks and sterilization proceduers for hands.

The "checked in" part is a binding contract between the parties.

It's a:
I leave my mom here, you do what you can to take care of her and keep her alive. I'll come visit her on occassion because I want her alive and I want to see her from time to time.

Right to lifers should understand the keep everybody that can be kept alive, alive; because they are alive.

The retired nurse breached the contract and endangered a facility of elderly people.

She entered the facility without having proof of being tested for covid and being covid free (presumption).
She potentially exposed the staff and other patients who are not related to her, to a pandemic, risking the lives of the moms and dads other people staged there to keep them alive so they can visit on occasion.

Since the 97 year old had health problems, per the article; special care has to be taken to move the fragile woman to a new home of facility.

The retired nurse's car was not a sterile environment to move the ill elderly woman in, and her home would not have been any better withoutprior inspectionand approval.

Her mother needs the care of a staff and medical doctor or team, not the care of a daughter who could not care for her illness on a daily basis, including the bedding the ill woman may have to sleep in.

Reentering the 97 yr old back into the facility risks exposing the remaining staff and patients to the pandemic and other germs and irritants.

The 97 yr old has to be isolated for a period of time, requiring special care for quarantine for possiblecovid exposure.

Trespassing is probably one of the charges, but a more severe one may be endangering the life of a vulnerable person.

The young and elderly are vulnerable persons in the law and there are stiff penalties for putting their lives in danger.

Seeing her mother "look" sad is the least of her worries.

As a nurse she was not qualified to make a medical diagnosis from the look of a patient from a window and she would accuse any medical professional of medical malpractice if they did the same.

Maybe the judge will be lenient because she didn't take her mom far before she realized all the damage she caused.

Maybe her mom will live through the trauma of being moved.

Even movement in the car could have injured the 97 year old.

The psychological impact of what happened could be too much.

Emotional distress could have been triggered.

Some elderly are not made for shocking actions or excitement that is abrupt.

The retired nurse should have done the paperwork to move her mom to another facility; thereby canceling the contract she had with this facility.

Let's hope the mom lives a couple of weeks or a month longer.

If she dies and a doctor determine there is body trauma from being moved and other medical issues that didn't exist before she was disturbed abruptly; some sort of 3rd degree/2nd degree manslaughter charge may be added.

***************************************************************************




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