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I work at a nursing home a patient had a bad fall with a…

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I work at a...

I work at a nursing home a patient had a bad fall with a major head injury she has severe dementia and can still walk. She is on hospice so they refused to send her out. The nurse told me to make sure she doesn't get up. I put her in the hallway and stayed with her. The lady is completely incoherent and would try to get up. I placed my hand on her shoulder to stop her from getting up and put my foot in her wheel in her wheelchair to prevent her from falling forward. I have been put under investigation because of this. I can not work till the investigation is over. I know that they told the nursing staff that from then on to send a patient out with a head injury. I was scared of the patient got up she would further injure herself. She was not my patient but I was on the hall so me and the other aide were taking turns watching her. They are still investigation but the husband claimed we hurt his wife but all i did was stop her from hurting herself there was a lot of blood when she fell and I was really afraid for her because she was wobbley. We couldn't put her in bed because she would get up

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

You there

Lawyer's Assistant: Has anything been filed or reported?

They are doing an investigation I came in and gave a statement, spoke to the lady who does elder abuse for the county, and the sheriff. When I was talking to the sheriff he said he couldn't believe they didn't send her out. My adminstor for the faculty said she would be in touch with me but I could not work till the investigation was over. Regardless of how the investigation turns out I am quitting the job. She should have been sent out and I feel like they are throwing me under the bus because the only thing I could do was protect the patient. The fall happened on 8/31 but the claim was not made till9/7/17 and there wasn't any reports of unexplained bruising made before that. They finally sent her out to get her examined on friday

Submitted: 8 months ago.Category: Legal
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9/10/2017
Lawyer: Michael Bradley, Lawyer replied 8 months ago
Michael Bradley
Category: Legal
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
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what is your exact question?

how long have you been out of work?

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Customer reply replied 8 months ago
I have been out since Friday this is my weekend to work and I looked up online and they said that investigation can take a long time. Meanwhile I can't work because I am under investigation. i wanted some legal advice as to what to do. I don't feel like I did anything wrong but I am not sure what the actual allegations are. Is it illegal to restrain somebody who might hurt themselves like I said the lady had a severe head injury, mobile, and has severe dementia. What are my rights in finding out what I am actually being investigated for
Customer reply replied 8 months ago
You really haven't answered anything so I don't want to spend another 60$ right now
Lawyer: Michael Bradley, Lawyer replied 8 months ago

are you union?

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Customer reply replied 8 months ago
No
Lawyer: Michael Bradley, Lawyer replied 8 months ago

you have a right to know what the stage of the investigation is at

I would contact the sheriff to see how far along they are

are they looking at this as a criminal investigation?

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Customer reply replied 8 months ago
I had to talk to the sheriff and told them what happened. They had seen the pictures of the patients injury I told them what happened and the lady had severe amnesia and was really wobbley and I was scared she would further injure herself. the sheriff said he saw the pictures too and couldn't believe they didn't send her out. He asked me why they didn't I told him I am a cna and the nurse came back and said she couldn't because she was hospice. We picked her up and put her in the chair
Lawyer: Michael Bradley, Lawyer replied 8 months ago

since the investigation is so new I think you are going to have to wait a little bit to get a resolution

if you are looking to leave the job I would absolutely start looking at a minimum

from what you have said I do not see anything that you have done wrong, especially not criminal

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Lawyer: Michael Bradley, Lawyer replied 8 months ago

the injuries certainly look bad but I do not see anything you did wrong

the facility may have liability but that is another story altogether

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Customer reply replied 8 months ago
I really need some advice with what to do. I protected the patient as best I could I mean what was i supposed to do let her fall again. I was in a damn if you do and a damn if you don't situation. I can live with the consequences regardless of what happens because at least she didn't hurt herself worse
Customer reply replied 8 months ago
Can I call the sheriff office and find out the status of the case
Customer reply replied 8 months ago
I have been doing this job for 7 years I have no history of abuse and have never been written up for anything ever
Lawyer: Michael Bradley, Lawyer replied 8 months ago

I agree 100% with your 1st statement

yes you can call the sheriff's office. I would call and ask for the person who talked to you.

your 3rd statement bolster's your case. The trouble is that these types of investigations take time

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Customer reply replied 8 months ago
Can I work at another facility while the investigation is going on or do I have to wait for the investigation to be over. I can go back to the other facility I worked at because I left on good terms
Lawyer: Michael Bradley, Lawyer replied 8 months ago

I would at least start looking

at some point you would need to disclose but in my opinion not right away

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Customer reply replied 8 months ago
I am screwed until this investigation is over because nobody will hire me if I am under investigation
Lawyer: Michael Bradley, Lawyer replied 8 months ago

that I can not answer for sure

I would at least look around to see what is out there

you will need to explain what happened anyway since they will want your side of the story

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Lawyer: Michael Bradley, Lawyer replied 8 months ago

Can I assist you further?

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Customer reply replied 7 months ago
Hey I wrote to you about the nursing home incident. I have been cleared by the sheriff and bc board of nursing. I got a copy of the police report the nursing home administrator claimed I assulted the patient by putting my foot in the wheelchair and grabbing her around the neck and forcibly forcing her to sit down. They did not include anything about the fall or the head injury the patient suffered. The police and state reviewed the video and said it was clear the patient was leaning forward and I was preventing a fall and my hands were never on her neck but her shoulder. Apparently I was talking to another patient at the time the lady tried to stand up and she verified the lady was trying to stand up and the nurse had told me to make sure she didn't get up because of the injury. When I talked to the sheriff he said he saw nothing on the tape but me protecting the patient from a fall and warned me that the facility was trying to place blame on me. The state after reviewing the tape concluded the same thing I was protecting the patient from a fall and my hands never touched her neck just her shoulder. The state also made them call a staff meeting saying that I was in the clear and I had done nothing wrong after 2 weeks I think the facility got fined for not sending her out. Can I sue them for defamation I haven't been back to work because they have not called me
Lawyer: Michael Bradley, Lawyer replied 7 months ago

that is a great result for you

I am not sure about defamation but I think the stronger one would be for wrongful termination

I would call and see why you have not been put back on the schedule

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Customer reply replied 7 months ago
They told the staff I could come back but never called me. They lied on the police report and in the meeting they said they never accused me of assult but I have the police report with the administer stating a forcibly held her down and said I assulted her. Both the state and sheriff reviewed the tape I never touched her neck the only thing I did was see her lean forward and stopped the fall. I heard from several staff members they were going around accusing me of choking the lady before the state and sheriff cleared me. Apparently I was cleared the day I went in for the interview but they never told me. I have not spoken directly to them since I was interviewed on the 11th because they said they would let me know. The sheriff told me when I checked the status of the case and the state told me 2 days later that there it was very clear on the tape I was preventing a fall and if I didn't that would be negligent. I know the lady from the state made them call a staff meeting saying I was in the clear and I had done nothing wrong because they had talked to other people on staff and they said they were saying I had assulte her. Apparently the state came inand called the don and nursing home administrator and reprimand them over it and said they couldn't see anywhere on the tape where I did anything wrong
Lawyer: Michael Bradley, Lawyer replied 7 months ago

I know you have been looking for work elsewhere, how has that been going?

you certainly have a solid case for wrongful termination

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Customer reply replied 7 months ago
Good I have several interviews set up I am taking a medication aide course right now. It's a two week class but I will be able to pass medication instead of being on the floor. I have a lot of experience so I could get a job tomorrow if I wanted too I am trying to get in a group home setting rather then a nursing home
Lawyer: Michael Bradley, Lawyer replied 7 months ago

I am glad that you have options

that lawsuit is always a possibility down the road

since you have been cleared, job options are open

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Lawyer: Michael Bradley, Lawyer replied 7 months ago

please rate my advice

while I do not do this for the ratings, my compensation is tied to the rating system

thank you

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