The 67-year-old female nursing home in Chengdu was found to have sexually transmitted diseases, and the male nurse revealed the truth. What happened?

A 67-year-old woman actually contracted sexually transmitted diseases in a nursing home! Male caregivers also suffer from sexually transmitted diseases, but refuse to admit that they have violated the elderly. How should the relatives of the old lady defend their rights? "Four Elder Brothers Have Laws" introduces the legal issues involved in this incident. ?

First, the incident: the 67-year-old woman actually contracted sexually transmitted diseases in a nursing home! Ms. Zhang from Chengdu introduced the situation and said that her mother used to live in the countryside. At the end of 20 18, my mother suffered from cerebral hemorrhage due to falling. After hospital treatment, her life was saved, but she could not take care of herself. My mother brought up two younger sisters, one in Kunming and the other in Chengdu. Ms. Zhang came to Chengdu with the elderly, and specially found a nursing home with better conditions-Chengdu Hongming Yibeikang Nursing Home, which costs 6,000 yuan per month.

1. When I first entered the nursing home, a female nurse was in charge. Because of careful nursing, the old man recovered better and could eat by himself slowly. He can also tell the nursing staff when he has a feeling of defecation and hum a tune when he is happy. Ms. Zhang and her sisters are happier, work more freely, and are full of gratitude to the care workers.

In July last year, when Ms. Zhang visited her mother, she found that the female nurse had been transferred and replaced by a man. They think it is inconvenient for male caregivers to take care of their mothers, so they propose to replace them with female caregivers in nursing homes. Although the nursing home did not explicitly refuse, it was not replaced in time. Ms. Zhang said that since the male care worker took care of her mother, her mother's condition has turned sharply and gradually deteriorated. In September last year, Ms. Zhang found that the buttocks of the elderly were ulcerated, and she reported the situation to the nursing home. The nursing home arranged to send the elderly to the hospital for treatment.

A few days later, the news that the nursing home told them surprised the two sisters. The old man was diagnosed with sexually transmitted diseases-syphilis! My mother has been honest all her life, not to mention a 67-year-old woman. It is impossible to have any contact with other men at ordinary times. How did she get this venereal disease? Some time ago, I was hospitalized because of a fall, and I also had many blood tests. I didn't get the disease after checking. Their problem must be in the nursing home.

4. Ms. Zhang chose to call the police. After investigation, the police found that the male care worker who had been taking care of Ms. Zhang's mother was very suspicious. Through the surveillance video, it was found that the male care worker was frivolous when looking after the elderly, holding his mother's hand for a while, touching his chin for a while, and touching his face for a while. Through further investigation, it was found that the male care worker who took care of the elderly did suffer from this venereal disease, but he refused to admit that he had violated Ms. Zhang's mother. Before the police investigation, the nursing home did not know that the nursing staff had sexually transmitted diseases, and the dean also denied that the nursing staff were frivolous to Ms. Zhang's mother.

5. After the problem occurs, the nursing home asks the family members to pick up the elderly. Family members of the elderly require nursing homes to bear corresponding legal responsibilities. To this end, the two sides have disputes. ?

2. How should Ms. Zhang and her sisters defend their rights? The relevant media only reported the cause of the incident, but did not introduce whether the male care worker was criminally punished. The author believes that the problem will not be as simple as everyone thinks, and the judicial organs should still be investigating.

1, Ms. Zhang said that her police also recorded her mother's statement, and her mother didn't say anything at that time. Later, I woke up a little and told her that the nurse bullied her and she was afraid to speak.

2. Did the male care worker infringe on Ms. Zhang's mother?

If the male care worker refuses to admit that he has infringed on the elderly, just because the elderly and the male care worker suffer from the same sexually transmitted disease and the police have no direct evidence to prove that the infringement has occurred, the male care worker cannot be investigated for criminal responsibility. Although the main mode of transmission of syphilis is sexual behavior, indirect transmission through clothes, towels and washbasins cannot be ruled out. It can't be ruled out that someone other than the nursing home staff infected her. Therefore, in the absence of direct evidence that the infringement has occurred, the police cannot take compulsory measures to interrogate male nursing workers.

3. If there is infringement, the male care worker does not necessarily constitute a crime.

If there is evidence that male caregivers have had "direct contact" with the elderly, the police also need to identify the mental state of the elderly. If the elderly are conscious and aware of their actions, it is voluntary, which is a moral issue and does not involve crime. If the elderly can't fully understand their behavior because of cerebellar atrophy, even if it is voluntary, the male nurse will constitute rape and be sentenced.

Judging from the relevant media reports, it is more likely that male caregivers have infringed or infected the elderly, but this matter has not been confirmed by the judicial authorities, so we'd better not comment! Don't reverse the plot then. ?

4. Does the nursing home bear the cost of treatment for the elderly?

On the issue of civil compensation, if Ms. Zhang's family asks the nursing home to admit the cost of treating sexually transmitted diseases for the elderly, they need to prove that the disease of the elderly was transmitted during the nursing home. Although the evidence in civil litigation is not as strict as that in criminal litigation, it still has certain probative power. As for how to prove it, it involves medical problems, and the author is not familiar with it. If both parties can't reach an agreement on civil compensation, they can bring a lawsuit to the court for settlement.

Third, talk about the attitude of nursing homes. In an interview with reporters, a shareholder of the nursing home said this:

This is really not a problem. This nurse is very good. I think he's fine. Our employees are not disgusted with the elderly and are willing to get in close contact with them. I think this is a very good thing. I want to encourage and advocate it in our organization. No problem. Very very good!

This is the first time that the author read the relevant reports of this incident. When I heard this passage, I felt that the shareholders of the nursing home were very arrogant and a little clamorous, and they were still applauding the male caregivers for infringing on the elderly, which was extremely hateful.

Calm down and think about it, the author found that most of the news on the internet was taken out of context by "busybodies" during the editing process. If the above passage is in response to a reporter's question, "What do you think of the infringement of male caregivers on the elderly?" This remark by shareholders will be punished by everyone. If you are answering the reporter's question, "What do you think of the behavior of male caregivers holding the old man's hand and touching his face?" The above answer will be more appropriate. What questions did the shareholder answer? I think it is more likely to be the latter.

Written at the end: From this incident, we can see that there are still some problems in the management of this nursing home, such as letting sick caregivers take care of the elderly and heterosexual caregivers. It is hoped that nursing homes and related institutions will take relevant measures to regulate them. Maybe when we get old, we will go to a nursing home, don't you think? ?