The 67-year-old woman 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 the nursing home!

Ms. Zhang from Chengdu introduced that her mother used to live in the countryside. At the end of 218, my mother suffered from cerebral hemorrhage due to a fall. After hospital treatment, her life was saved, but she could not take care of herself. Mother raised their two sisters, the younger sister is far away in Kunming and Ms. Zhang is in Chengdu. Ms. Zhang took the old man to Chengdu and specially found a nursing home with better conditions-Chengdu Hongming Yibeikang Nursing Home, with a monthly fee of 6, yuan.

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

2. Last July, when Ms. Zhang visited her mother, she found that the female nurse had been transferred and replaced by a man. They consider it 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 old man's buttocks were ulcerated, and she reported the situation to the nursing home, which arranged for the old man to be sent to the hospital for treatment.

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

4. Ms. Zhang chose to call the police. After investigation by the police, it was 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 very frivolous when looking after the old man, holding his mother's hand, 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 actually suffered from this sexually transmitted disease, but he refused to admit that he had infringed on Ms. Zhang's mother. Before the police investigation, the nursing home did not know that the nursing worker was suffering from sexually transmitted diseases, and the dean also denied that the nursing worker was frivolous to Ms. Zhang's mother.

5. After the problem occurred, the nursing home asked 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. ? Second, 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 transcript, and her mother didn't say anything at that time. Later, when she was slightly conscious, she told her that the nursing staff bullied her and she dared not tell.

2. Has the male nurse ever violated Ms. Zhang's mother?

If the male care worker refuses to admit that he has infringed on the elderly, the criminal responsibility of the male care worker cannot be investigated only 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. Although the main mode of transmission of syphilis is sexual behavior, it cannot be ruled out that it is indirectly transmitted through clothes, towels, basins, etc., and it cannot be ruled out that it was transmitted to her by people other than nursing home staff. Therefore, the police can't take compulsory measures to interrogate male nursing workers without direct evidence to prove that the infringement has occurred.

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

If there is evidence that the male nurse had "direct contact" with the elderly, the police also need to identify the mental state of the elderly. If the elderly are conscious, aware of their actions and voluntary, this 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 care worker also constitutes rape and is sentenced.

According to relevant media reports, it is more likely that male caregivers have infringed on the elderly or infected them. However, this matter has not been confirmed by the judicial authorities, so we'd better not comment on it! Don't turn the plot upside down when the time comes. ?

4. Does the nursing home pay for the treatment of the elderly?

As for civil compensation, if Ms. Zhang's family asks the nursing home to admit the cost of treating venereal diseases for the elderly, they need to prove that the illness 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 force. As for how to prove it, it involves medical problems, and the author is not familiar with it. If the two sides cannot reach an agreement on civil compensation, they can bring a lawsuit to the court for settlement. Third, talk about the attitude of nursing homes

When interviewed by reporters, a shareholder of nursing homes said the following:

This is really not a problem. This nurse is very good. I think he is very good. Our employees are not disgusted with the elderly and are willing to have close contact with them. I think this is a very good thing. I want to strongly encourage and advocate it in our organization. There is no problem. It is very, very good!

When the author first read the relevant reports about this incident, when he heard this passage, he felt that the shareholder of the nursing home was very arrogant, a little clamoring for society, and he was still applauding the male nursing worker for infringing on the elderly, which was extremely hateful.

The author calmed down and found that most of the news on the Internet was "taken out of context" by "busybodies" in the editing process. If the above passage is in response to a reporter's question, "What do you think of the male care worker's infringement on the elderly?" This passage of shareholders will be punished by everyone. If you are answering a reporter's question, "What do you think of the behavior of male caregivers pulling the old man's hand to touch the old man's face?" The above answer will be more appropriate. What question did this shareholder answer? The author thinks that 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 nurses take care of the elderly, and heterosexual nurses take care of the elderly, etc. I hope that nursing homes and related institutions should take relevant measures to regulate them. Maybe when we get old, we will go to a nursing home, don't you think? ?