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re: Lawyers of the OT, question about current situation

Posted on 4/30/20 at 3:58 pm to
Posted by YeahYeah
Member since Jun 2016
2248 posts
Posted on 4/30/20 at 3:58 pm to
quote:

. I am still a little amazed that no one seems to think putting highly vulnerable patients at at risk is that big of a deal.

If they're using PPE, what's the risk? By this logic, all elderly should be put in sterilized bubbles
quote:

I know if I was 80 years old and had a stroke previously I would probly be opting out.

Good thing not everyone is you.
Posted by GREENHEAD22
Member since Nov 2009
21043 posts
Posted on 4/30/20 at 3:59 pm to
From a company standpoint it seems you're putting yourself at risk of a lawsuit big time.

I'm talking about the nursing home and dealing with patients not the firing of therapist etc.
Posted by LNCHBOX
70448
Member since Jun 2009
89412 posts
Posted on 4/30/20 at 3:59 pm to
quote:

From a company standpoint it seems you're putting yourself at risk of a lawsuit big time.

Posted by YeahYeah
Member since Jun 2016
2248 posts
Posted on 4/30/20 at 4:03 pm to
quote:

From a company standpoint it seems you're putting yourself at risk of a lawsuit big time.

For requiring people to do their essential jobs?
This post was edited on 4/30/20 at 4:05 pm
Posted by GREENHEAD22
Member since Nov 2009
21043 posts
Posted on 4/30/20 at 4:12 pm to
Are you being this dim to just get a rise out of people? I'm talking about nursing home I as I said in the previous post, not the actual therapist getting sued.

Patients suing the nursing home for contracting the virus or being put at risk because they did not keep someone who they know possibly has it from treating them.

The people deeming it essential are also making money off of the therapy from insurance, that would be considered a conflict of interests I would think.
This post was edited on 4/30/20 at 4:24 pm
Posted by LSUJML
Central
Member since May 2008
56852 posts
Posted on 4/30/20 at 4:13 pm to
quote:

From a company standpoint it seems you're putting yourself at risk of a lawsuit big time. I'm talking about the nursing home and dealing with patients not the firing of therapist etc.


Look at it this way
If my family member was in there for rehab due to broken hip I would want their prescribed therapy being done so I could get them the hell out of there ASAP

Again, she needs to talk to the patients Dr or head nurse to see if the therapy can be halted
If not it is the nursing homes responsibility to provide the therapy
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
38570 posts
Posted on 4/30/20 at 4:19 pm to
I could think of a few ways this could become federak mattet as well given the status of a state of emergency and DoL as well as HHS guidelines, etc. If I were advising the nursing home I would tell them to tell her to get tested and only come back if you came up negative.

Too much potential liability. I can guess who the home is run by.
Posted by GREENHEAD22
Member since Nov 2009
21043 posts
Posted on 4/30/20 at 4:20 pm to
Thank you, all your answers have been very informative.
Posted by boosiebadazz
Member since Feb 2008
86453 posts
Posted on 4/30/20 at 4:21 pm to
Do not do this and it certainly isn’t legal advice but I wonder what the families of residents would do if they got an anonymous letter telling them a staff member at the nursing home has been exposed and management is mandating she continues to come into work
This post was edited on 4/30/20 at 4:22 pm
Posted by LNCHBOX
70448
Member since Jun 2009
89412 posts
Posted on 4/30/20 at 4:22 pm to
quote:

Do not do this and it certainly isn’t legal advice but I wonder what the families of residents would do if they got an anonymous letter telling them a nurse at the nursing home has been exposed and management is mandating she continues to come into work




If she was following PPE protocol, how was she exposed? At best, you're suggesting he tell the world his wife can't do her job right
Posted by YeahYeah
Member since Jun 2016
2248 posts
Posted on 4/30/20 at 4:23 pm to
quote:

I'm talking about nursing home I as I said in the previous post, not the actual therapist getting sued.

Using the broken hip example, a situation where therapy is done on a routine basis, the nursing home and doctors are going to continue with the prescribed therapy.

If the nursing home, therapist, or doctor decides they think the therapy is not necessary then they are putting themselves at risk for being named in a lawsuit by the pt.

quote:

The people deeming it essential are also making money off of the therapy from insurance, that would be considered a conflict of interests I would think.

I wouldn't care who is making money off it, I would only care that the therapy is being done
Posted by LSUJML
Central
Member since May 2008
56852 posts
Posted on 4/30/20 at 4:26 pm to
Pretty much all nursing home staff has been exposed
If they sent everyone home that was exposed they wouldn’t have any employees left
This is why some are only doing temp checks on the staff, if they tested they couldn’t afford to lose the asymptomatic positives

The wife could go get tested on her own & if positive she would have a point, by just being exposed she doesn’t
Posted by GREENHEAD22
Member since Nov 2009
21043 posts
Posted on 4/30/20 at 4:26 pm to
Go read up on other hospitals or nursing homes that have a lot of cases. Doctors and nurses still contracted the virus even while using PPE. PPE is meant as a last line of defense, it is not a silver bullet cure all.
Posted by el Gaucho
He/They
Member since Dec 2010
60201 posts
Posted on 4/30/20 at 4:27 pm to
Girls just wanna watch netflix and get that 800 bucks a week honey
Posted by LNCHBOX
70448
Member since Jun 2009
89412 posts
Posted on 4/30/20 at 4:28 pm to
quote:

Go read up on other hospitals or nursing homes that have a lot of cases. Doctors and nurses still contracted the virus even while using PPE. PPE is meant as a last line of defense, it is not a silver bullet cure all.


You can link me to a story of someone doing everything right and still getting the virus. Even if it exist, it would be such a statistically insignificant example, that it is still irrelevant.
Posted by YeahYeah
Member since Jun 2016
2248 posts
Posted on 4/30/20 at 4:31 pm to
quote:

Doctors and nurses still contracted the virus even while using PPE.

Can they prove that they contracted it at the hospital while using PPE and not on the street somewhere from an asymptomatic person who forgot to cover their mouth when they sneezed?
Posted by GREENHEAD22
Member since Nov 2009
21043 posts
Posted on 4/30/20 at 4:35 pm to
You are a lawyer. You think that really matters? Just look at those dumbass juries in the monsanto cases.
Posted by YeahYeah
Member since Jun 2016
2248 posts
Posted on 4/30/20 at 4:40 pm to
quote:

You think that really matters?

Yes
Posted by GREENHEAD22
Member since Nov 2009
21043 posts
Posted on 4/30/20 at 4:43 pm to
And yes there is ways to know down where someone contract a virus. Will you had the do the spiderweb chain with personnel at my work. And there's a technical term for it I can't remember but it's how they figure out who patient 0 is on all these outbreaks.
Posted by El Mattadorr
Member since Mar 2019
2374 posts
Posted on 4/30/20 at 4:57 pm to
If Louisiana is like Mississippi, then her employer can fire her for any reason or for no reason at all, so long as she wasn't fired on a discriminatory basis due to her sex, race, religion, etc.
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