No Charges in Nursing Home Abuse Case—with Camera Evidence
Action Alert - Ehline Law Reports that Ontario man is sick over apparent abuse of an elderly parent
The son was shocked over the treatment of an 85-year-old mother in a Peterborough, Ontario nursing home. And he is even more devastated that the house and its monster employees will not be facing criminal charges.
Although this case happened in Canada, we wanted to demonstrate that even in so-called "un-greedy" socialist countries, physical, mental, and outright criminal abuse against patients is a widespread allegation.
Some would argue that the state will go out of its way to protect fellow government agencies and health care providers from lawsuits or criminal charges in a state-run society. Is that the case here? Although this case happened in Canada, it demonstrates that even in so-called "un-greedy" socialist countries, physical, mental, and outright criminal abuse against patients is a widespread allegation.
Son is "Sick" About the Treatment of His Elder Mother in a Care Home
According to Camille Parent, he is sick about the fact that the nursing home will not be facing charges, even though video camera footage was shown of his mother is what he termed “manhandled.” At one point, the video shows a dirty cloth being "shoved" into his mother’s face.
Although there are more than 5000 hours of video, see for yourself a few snippets of a feces-covered cloth into a mother's face. Note she is an Alzheimer's patient.
The parent said he is confused that no charges on the nursing home staff at St. Joseph’s at Fleming nursing home, where his mother is a resident. The woman identified by her son as Hellen MacDonald, a resident at the nursing home, also has dementia.
He said that he began noticing scratches and bruises earlier this year on his 85-year-old mother. The parent said he complained to the management, but he continued to see injuries, so he placed a hidden camera in MacDonald’s room.
During four days, the Parent said the video showed his mother being mistreated by the nursing home staff. The abuse included:
- MacDonald maltreated while getting her diaper changed.
- A dirty cloth shoved in the 85 year-olds faces by a staff employee.
- A nursing home employee is blowing his nose on MacDonald’s bedsheets.
- Two of the employees were making out in his mother’s room while she was in bed.
- Another nursing home resident was entering the room and rummaging through his mother’s things.
No Charges Against the Nursing Home—is it Special Protection for Elder Abuse?
The police said they were not pressing charges. What does the parent want to know why? He wants to see charges and wants to see why the elderly in long-term care are not protected and why no charges are filed.
The Ministry of Health investigated the nursing home and found several violations of the Long-Term Care Act. They fired the four employees from the video. That the parent feels the police have failed in providing any reasons for their decision, they didn't file any charges. The Crown Attorney invited him to a meeting on Friday.
If there are no current laws that the nursing home and staff cannot be charged with, the Parent argues for stricter legislation helping prevent similar types of abuse. MacDonald’s son stated that he has not decided whether he will ask another police force to conduct an independent investigation into the nursing home abuse.
But If a Human Did this to A Dog, Charges Would Be Filed
The son rightly points out in the above video is someone did this to an animal, they would already be in jail. Ehline Law Firm agrees. "Since before and even more after 2008, it seems like the U.S. revered its view on humanity. Fish, frogs, dogs, and people in the country illegally appear to have special rights not afforded to humans citizens," said Michael P. Ehline, who went on to say, "it is like Bizarro World from Superman."
Does anyone doubt what the son is saying is true? Watch the video! There is evidence of assault under California criminal and civil law. Furthermore, there was an unconsented-to touching that resulted in bruising and harm; there is even video evidence. Also, there was mental and physical anguish inflicted upon the woman.
What more do the police need? Ehline Law encourages you to share this article with your local Canadian and U.S. lawmakers. As an aside, in California, we have the Elder and Dependent Adult Abuse laws, and Ehline says: "there is no doubt that these nurses would be in jail, and that civil tort claims would already be working their way in the courts if this took place here"! The moral of the story is, get out there and support the son. Furthermore, this is shameful treatment of our seniors. It could be your mom or dad next! In conclusion, take action.
Sources: Police not laying charges over St. Joseph’s at Fleming footage: https://www.mykawartha.com/news-story/4067925-police-not-laying-charges-over-st-joseph-s-at-fleming-footage/
Practice Area Information
- California Policy to Protect the Elderly and Dependents
- Elder Abuse
- Elder Abuse - Common Abuse Types
- Elder Abuse Defenses
- Elder Malnutrition
- Elder Nursing Homes and Dependent Care Regulations
- Elderly & Nursing Home Wrongful Death
- Elderly Dehydration Symptoms
- Preventing Financial Elder Abuse
- Rights of Elders
- SSI Disability
- Truck Crash Stats
- Understanding Elder Isolation and Worse