Mr. Gersh resided in a geriatric center, as is common for seniors who have lost their independence in performing their activities of daily living. Another resident had last two five-dollar bills, and the nurse, Coe, had accused Mr. Gersh due to his tendency to "take things in the past." Coe arranged for an unconsented search of Mr. Gersh's person. The search became aggressive, and Mr. Gersh began to gasp for died. Coe proceeded to falsify nursing records to conceal the reality of the event. She was found guilty by the court of elder abuse and also the falsification of records.

On the immediate surface, Mr. Gersh's 4th Amendment Right was violated; as US citizen, Mr. Gersh has a right to not be subjected to an unwarranted search without probable cause. (U.S. Const. amend. IV). Mr. Gersh was searched with the premonition that he had a tendency "to take things in the past." This is not probable cause and the search was therefore unwarranted, and clearly unreasonable as the level of aggression and discomfort resulted in an ensuant cardiac arrest. The allegedly stolen five-dollar bills were not found. In an effort of defending its actions, the geriatric center claimed that such searches were commonplace and business as usual, instead of abuse. The court ruled that even though these searches were common, that does not mean they are legal or ethical.

As a patient, Mr. Gersh also has a right to privacy which was violated by the unwarranted search. He also has a right to dignity and respect from has caregivers, which was objectively violated as he was searched without consent and restrained by a security guard. Additionally, but not finally, Mr. Gersh's right to compassionate and quality care was not honored.

The residents of the senior center also have a right to medical records. This right, for Mr. Gersh and the other residents, was violated as the caregivers falsified documents to conceal the reality of what had transpired. The nursing note entry made to acknowledge the events was unprofessionally vague, indicating that the patient "suddenly became unresponsive." The note made no mention of the chaos, the restraining of the patient, or the overall commotion associated with the unreasonable search. The nursing statement would have been more accurate if it would have included details of the event directly leading up to the cardiac arrest. Instead, the statement was left vague, and unprofessional by nursing standards, with the apparent intention to conceal the reality.

Administrator Response: An Outline:

Collect dispositions from all coherent residents and staff members to uncover accurate account of the events of the day. Fully cooperate in investigation from all regulatory agencies. Place Nurse Coe and security guard on unpaid leave, and immediately terminate pending the court's finding. Ensure all caregivers and staff receive, read, and acknowledge resident's Bill of Rights moving forward. Establish a documented "zero tolerance" policy of elder abuse.

(READ THE ABOVE and ANSWER THE QUESTIONS BELOW)

Which ideas or thoughts did you read that you found interesting or insightful? How did these ideas or thoughts inform your own thinking?

Compose a list of healthcare laws that related to the abuse case facts listed above.

Establish a list of ethical codes that if followed would have helped prevent the behavior.