What is the legal obigation for a nursing home owner toward the
patients when forced to evacuate? Are there valid defenses to negligent homicide

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Request for Question Clarification by justaskscott-ga on 17 Sep 2005 22:35 PDT

Are you asking about legal obligations in Louisiana?

(As stated in the disclaimer at the bottom of the page, answers and
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Clarification of Question by jcw18-ga on 18 Sep 2005 05:36 PDT

In general, not only Lousiana and not looking for a lawyer-- did those
owners have get the patients out if a nursing huome or hospital before
they could leave? What if there wasnt time or equipment because of the
hurricane but the owners got out? Is that really murder? Maybe a civil
lawsuit but not murder, right?

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Request for Question Clarification by justaskscott-ga on 18 Sep 2005 13:02 PDT

Since there are 50 states, plus the District of Columbia, Puerto Rico,
etc., the relevant laws and legal doctrines may differ in each. 
Louisiana, in particular, has a legal system that derives largely from
the Napoleonic Code, and which is quite different from common law.

"Louisiana's Napoleon Complex," by Daniel Engber (Sept. 12, 2005)
Slate
http://slate.msn.com/id/2126126/

It would be difficult to find a general answer if each state handles
the issue in a different way.  Perhaps, however, there are analyses
concerning this issue as it has arisen in Louisiana, which might
contain some general comments as well.  Would such analyses, if
detailed enough to respond to your questions, be a sufficient answer?

Dear jcw18,


There are, in fact, federal regulations pertaining to the management
of nursing homes. In 1987, Congress passed and President Reagan signed 
into law the Nursing Home Reform Act, which makes detailed stipulations
about how a nursing home should be run.

A summary of the Nursing Home Reform Act is given at the following
address. Note especially point number three: "To have safe, decent,
and clean conditions."

Nursing Home Abuse Resource Center: Rights of Nursing Home Residents
http://www.nursinghomeabuseresourcecenter.com/rights/index.html


You can read the full text of the federal law here.

Cornell Law School: US Code: Title 42 > Chapter 7 > Subchapter XIX > 
§ 1396r. Requirements for nursing facilities
http://www4.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001396---r000-.html


According to federal law, then, the general duty of a nursing home is
to "care for its residents in such a manner and in such an environment
as will promote maintenance or enhancement of the quality of life of
each resident." If the environment of a nursing home deteriorates due
to a natural disaster and management subsequently fails to remedy the
situation, it may well be subject to charges under this law.


If nursing home residents die as a result of the nursing home operators
failing to evacuate the facility, there is also the possibility that 
the operators will be charged with negligent homicide. This is not
the same thing as murder, but it is a very serious crime. A federal
ruling has defined negligence as "the absence of due care, that is,
an act or omission of a person who is under a duty to use due care
which exhibits a lack of that degree of care of the safety of others
which a reasonably careful person would have exercised under the same
or similar circumstances".

U.S. Court of Appeals: Core Criminal Law Subjects: Crimes: Negligent 
Homicide
http://www.armfor.uscourts.gov/digest/2003dig/IIIA9.htm


To defend oneself against the charge of negligent homicide, one must
argue that one did take the same precautions that "a reasonably careful
person would have exercised under the same or similar circumstances".

If the indoor environment of a nursing home is ravaged by a hurricane
and the nursing home operators take no steps to evacuate the residents,
have they acted like reasonably careful people? If the jury decides that
they have not, then they are guilty of negligent homicide.

This explains the charges levied against Salvador and Mable Mangano
in Louisiana.

CNN: Nursing home owners charged
http://www.cnn.com/2005/LAW/09/13/katrina.nursinghome/


Regards,

leapinglizard

You are paying $100, so one can assume you must have a vested business
interest here.  If this is the case, contact a lawyer.