We dwell in a society the place the unhealthy information cycle runs nonstop within the media. In follow, this implies we frequently develop into so inundated with unhealthy information content material that when there’s a pattern we should always pay attention to, it will probably get misplaced within the noise.
With extra folks caring for an individual dependent upon them, whether or not a toddler, aged particular person, or somebody with a incapacity, there’s an upward pattern in abuse and neglect. Neglecting the care of a dependent particular person can represent a severe prison offense generally known as “negligent care of a dependent particular person.”
What’s “Negligent Care”?
The authorized idea of negligent care of a dependent particular person is outlined in state statutes, resembling Pennsylvania’s 18 Pa. C.S. § 2713, which criminalizes the neglect of a “care-dependent particular person” by a caretaker. A “care-dependent particular person” is any grownup who, because of bodily or cognitive incapacity or impairment, requires help to satisfy their wants for meals, shelter, clothes, private care, or healthcare. A “caretaker” is any one who has an obligation or obligation for offering any type of care to the dependent particular person, together with relations, healthcare suppliers, nursing dwelling workers, or different designated caregivers; the “care” does not all the time need to be medical care.
Below Pennsylvania legislation, a caretaker commits the offense of neglect in the event that they “deliberately, knowingly or recklessly” trigger “bodily damage, severe bodily damage or loss of life by failing to offer therapy, care, items or providers essential to protect the well being, security or welfare of the care-dependent particular person…” This might embody failing to offer primary requirements, ignoring or concealing dangerous circumstances or environmental components, utilizing improper bodily or chemical restraints, or isolating the dependent particular person in a manner that leads to bodily hurt.
Pennsylvania expanded the scope of this offense in 2018 by way of Act 53, which added a brand new provision criminalizing a caretaker who “deliberately, knowingly or recklessly endangers the welfare of a care-dependent particular person for whom he’s accountable by failing to offer therapy, care, items or providers essential to protect the well being, security or welfare of the care-dependent particular person.” This broadened the legislation to cowl neglect that doesn’t essentially lead to bodily damage however nonetheless jeopardizes the dependent particular person’s well-being.
Different states have legal guidelines just like Pennsylvania’s “Neglect of Care-Dependent Individual” statute. For instance, in California, Penal Code Part 368 criminalizes elder abuse, together with neglect of a dependent grownup. In New York, Penal Regulation Part 260.32 criminalizes endangering the welfare of a weak aged particular person or an incompetent or bodily disabled particular person. The authorized specifics fluctuate by state.
Excessive-Profile Instances
In Pennsylvania, one high-profile case was that of Christann Gainey, a Philadelphia nurse who, in 2022, pleaded responsible to neglect of a care-dependent particular person and tampering with information. Her affected person, Herbert R. McMaster, Sr., 84, was “left within the foyer of the power and died hours after struggling a fall and severe head damage.” McMaster, Sr., was the father of H.R. McMaster, a nationwide safety adviser below former President Trump.
One other notable case is that of former Pennsylvania nurse Heather Pressdee, who, in accordance with prosecutors, confessed to “harming, with the intent to kill” 19 folks at completely different rehabilitation facilities the place she labored. These expenses adopted earlier expenses towards Pressdee for allegedly killing sufferers in her care by way of deadly doses of insulin. In sum, the costs towards her included: “two counts of first-degree homicide, 17 counts of tried homicide and 19 counts of neglect of a care-dependent particular person, in reference to the 19 sufferers she allegedly mistreated.”
Whereas these high-profile, tragic circumstances underscore the significance of correct coaching, supervision, and accountability for these entrusted with the care of weak people — each for nurses and all different caretakers — what we do not see are the continued circumstances that not often hit the information cycle.
Ken Fulginiti, JD, and Sarah Dooley, JD, run Fulginiti Regulation, a Philadelphia agency with a give attention to negligent care litigation. Fulginiti has a present case by which he simply deposed (for an ensuing civil lawsuit) an individual convicted of three counts of negligent care, one depend for every of his purchasers who was sexually abused at a nursing dwelling.
Fulginiti instructed me he has seen a marked upward pattern over the previous decade in negligent care circumstances, with a spike through the COVID pandemic that has persevered.
“Happily, legal guidelines resembling Pennsylvania’s Act 53 have widened the definition of ‘neglect’ to embody behaviors that might jeopardize a dependent’s welfare, even when they do not trigger bodily hurt. A few of these victims can’t talk and are probably the most weak members of our society, relying upon others for correct care to allow them to preserve their dignity and well being. This laws is critical for safeguarding people, because it expands the understanding of what constitutes neglect.”
Imbalance of Energy
A part of what makes these circumstances so difficult is the large energy imbalance between the events. In earlier circumstances, Fulginiti has heard protection counsel argue, “How are you going to show your case? Your shopper has dementia.”
As Fulginiti explains, “Asking a lawyer how they’ll show a case since their shopper has dementia ignores the fact that these victims of abuse really feel what is going on to them. Being a sufferer of abuse and being unable to speak successfully exacerbates the hurt. An abuse sufferer unable to speak can solely internalize what occurred to them — they typically cannot search the assistance they want.”
Negligent care of a dependent particular person is a kind of areas on the intersection of legislation and healthcare that does not get sufficient consideration due to how usually it is swept below the rug — and the way deeply uncomfortable it’s. But, once we mirror on the urgency of addressing negligent care, we have to do not forget that on the coronary heart of every authorized definition, statute, and courtroom case are actual folks — people who, regardless of their vulnerabilities, need to dwell with dignity, respect, and the reassurance of correct care. This is applicable whether or not they’re being handled in a long run care facility, a hospital, or just at dwelling by a member of the family.
The dialog about negligent care of dependent individuals challenges us to look past the noise of the day by day information cycle and give attention to the urgent points that may now not afford to be misplaced within the shuffle. It’s a name to motion for healthcare professionals, lawmakers, caregivers, households, and society at massive to recommit to the safety and care of probably the most weak amongst us, making certain that their well being, security, and welfare usually are not simply protected by legislation however enshrined in cultural follow. Solely then can we hope to construct a society that really cares for all its members, no matter their dependency standing.
Aron Solomon, JD, is the chief technique officer for Amplify, a authorized advertising and media company. He has taught entrepreneurship at McGill College and the College of Pennsylvania, and was elected to Fastcase 50, recognizing the highest 50 authorized innovators on this planet. Solomon is a Pulitzer Prize-nominated author.
Disclosures
Amplify does authorized advertising for Fulginiti Regulation.
