Castro Valley: Janitor saw elderly become weak

[happyslug]

45. He said he made several 911 calls, but only after October 25, 2013

Last edited Fri Nov 1, 2013, 08:45 PM - Edit history (1)

By late on the night of Oct. 25, he noticed some of the residents felt "clammy" and had trouble sitting up. He said he and Rowland called 911 several times when residents appeared to be sick, and finally sheriff's deputies and firefighters arrived Saturday afternoon to rescue the remaining residents.

Sorry, something is wrong, he claims to have made "several" calls to 911 on October 25, but no one appeared till Saturday October 26??? If 911 was called the 911 operators would sent someone who would have looked into the situation and report to his or superiors for assistance. This is NOT a home in the boondocks but in an urban area, someone could have been in the home within 10 to 15 minutes and the process started.

All he had to do (and appears to have done on the night of the 25th) was call 911 and request assistance. It would have been sent, as it was on the 26th. Something is wrong here, I suspect he tried to do what he thought was best, but NOT calling 911 put people in danger and along with disbursing medications without the needed training are two CRIMINAL acts he did. The acts are criminal for what he was suppose to do was call 911 on the 24th, not the night of the 25th.

I do no think he will be charged (no intent to do harm or any other criminal act on his part) but he did at least two criminal acts, NOT making sure these patients had the medical staff (i.e. calling 911 on the 24th) and disbursing medications without knowing who was suppose to get what.
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After I wrote the above, other articles pointed out that 911 received four calls starting on the 24th. Furthermore two state inspectors were in the nursing home one on the 24th and another on the 25th. Neither time did they talk to the Janitor. Between those two acts, it is clear he made any call that could be expected of him and thus relieve him of an criminal act in regards to endangering the patients, but his own statement says he did NOT know what medications he was giving out, that is against FEDERAL LAW.

Now, I do NOT expect him to be charged, for other people did worse acts, namely endangering these patients when they left the patients without medical supervision. I also suspect that the two inspectors reported the situation to their supervisor, who then called the owner who did not pick up his phone. The Supervisor had been trained to get the owner to get these patients into another home (which is required by Federal Law) but had no training as to what to do if the owner just skips town. The Training assumed everyone would obey the law which is NEVER to leave these patients without care, but you had a case where that happened. No one was set up for this, worse given that such patients tend to be on welfare, hard to place in a home (most homes prefer patients with assets, the home charges a high fee to such patients till the assets, generally their home, is gone then puts the patient on welfare, thus the nursing home gets more the welfare will pay till the assets are gone, then welfare afterward).

A secondary factor is who should pay for these patients? Welfare will pay LONG TERM care, but not for moving them, thus I suspect the state and county governments argued over who was to take charge of these patients, each saying the other should (and take the hit in their budgets, for these people cost a lot of money to take care of).