A recent decision by CMS is making nursing homes and the companies that own them revise their rules regarding taking pictures of the residents. True, there are cases where pictures of residents in private situations have been posted to the internet with humiliating effect. However, what if those pictures are to report possible neglect? One nursing home employee is claiming such pictures cost her a job.
The former employee of a Portland, Oregon nursing home has filed a lawsuit against the facility. The lawsuit seeks $575,000, alleging that she was terminated from her position in 2014 for reporting the possible neglect of a patient.
Stacy Molina, who worked as a nursing assistant, alleges that co-workers failed to properly care for a patient while she was sick with the flu. When she returned to work from her illness, the man had developed a large, infected wound on his leg.
Molina took pictures of the wound and turned them over to a medical educator. She says her intention was to report what she considered to be medical neglect.
In her lawsuit, Molina alleges that she was fired for bringing the alleged neglect to light. The company maintains that she was fired for violating their policy on respecting the patient’s medical privacy.
It is important to note that Molina’s termination and the taking of the photos occurred prior to the CMS recommendation that all nursing homes have policies against employees taking pictures of residents and sharing them on social media.
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If you or a loved one have been the victim of abuse or neglect while in the care of a nursing home, you may be entitled to compensation. Contact the law offices of Schenk Smith. Our attorneys may be able to help you get the compensation you deserve. Contact us today.
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