YOU HAVE GOT TO BE KIDDING ME

This one takes the cake. Today I read a case summary of a Minnesota case where a nurses aid yelled the following at a resident (please note, it is profane):
“I forgot to put my [f___ing] gloves on and it’s your fault, now you’re going to [s___t] all
over my hands you dumb [f___er].

She was fired, of course. Then the state department of Health cited her for abuse. On appeal the Court of Appeals held the state was required to show conduct which would reasonably produce emotional distress. The Court found that because the aide’s statement was not malicious, and was not repeated, it did not meet the stanard of conduct which would reasonably produce emotional distress.

WHAT – ARE YOU KIDDING ME? Screaming at an eldely resident, blaming him for incontinence etc.. That’s not likely to cause emotional distress? I sure hope the Court didn’t factor in the resident’s short term or long term memory problems in determining whether the comment could have caused emotional distress.

Frankly, that one made me mad.

Lauren Ellerman

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.