I have repeatedly implied that annimals are more protected than the elderly in nursing homes. This morning I looked up cruelty to annimal ststutes in NC.
14-360 Cruelty to animals; construction of section. (a) If any person shall intentionally overdrive, overload, wound, injure, torment, kill, or deprive of necessary sustenance, or cause or procure to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance, any animal, every such offender shall for every such offense be guilty of a Class 1 misdemeanor.
(b) If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any animal, every such offender shall for every such offense be guilty of a Class I felony. However, nothing in this section shall be construed to increase the penalty for cockfighting provided for in G.S. 14-362.
(c) As used in this section, the words "torture", "torment", and "cruelly" include or refer to any act, omission, or neglect causing or permitting unjustifiable pain, suffering, or death. As used in this section, the word "intentionally" refers to an act committed knowingly and without justifiable excuse, while the word "maliciously" means an act committed intentionally and with malice or bad motive. As used in this section, the term "animal" includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and Mammalia except human beings.
Thats right it specifically excludes human beings. Does this not seem a little strange, that they would exclude "people" from the laws that protect something like chickens, frogs and lizzards?
Trust me we would be better protected as human beings under this law than any "regulations" enforced by the NCDHHS. The animal control laws provide for serious penalties such as felony convictions . The NCDHHS will simply take away a star if they even do that.
I have read many pages of defficiencies in nursing homes that would fall under the felony provisions of the annimal cruelty law. I would consider it cruel to put a meal in front of someone who cant see their tray to eat, or to leave them sitting in their own waste. What about personal hygene, feloney or misdemeanor.
I have seen incidences of elderley being beaten, dropped, verbally abused , sexually abused, just about anything you could imagine including death at the hands of the providers. Yet these places are not even fined, they simply have to write a ststement saying that they neither acknowledge or admit to the allegations, but they are now in compliance. How would that work for a pet store , WLOS Channel 13 would be all over them and they would be shut down by the sheriffs office. The difference is the pet shop doesn't have the political influence or the money to escape justice.
When I get old I'm asking my family to put me in the annimal shelter where I can feel protected. The NCDHHS system that supervises the care or lack of care for the elderley cries for reform. Contact your Senators and Congressmen and tell them to give that money back to the PAC's and do their job! I can vouch for the integrity of one Congressman and could not continue my battle without his support.
Wednesday, April 29, 2015
Monday, April 20, 2015
Who's watching over the healthcare providers?
When it comes to health care, who is looking out for the citizens of North Carolina?
Lets start with the NCDHHS, they are the ones that oversee the licensure of health care facilities. If you have ever dealt with them, you have obviously experienced the dysfunction first hand. The problem is that they don"t want to open the floodgates by admitting any flaws in the current system. If you file a complaint with them they will go to extremes to maintain the integrity of their certification and recertification processes.
In dealing with the NCDHSR, I was told by Gail Maloney, the Western Regional director at the time, that there was no one above her, she had the final say! In other words Ms. Maloney ignored her duty to provide me with any means to dispute her opinion. Is this what you would call representation, or is it a violation of the Color of Law Statute? Did Ms. Maloney truly consider herself the director of DHSR for the entire State of NC ? Was it not her responsibility as a "public servant " to direct me to a higher authority. I find it hard to believe the final say in a DHSR matter comes from a small office in Black Mountain NC, rather than the Capitol city of Raleigh.
Next the NC Medical Board, doctors watching over doctors! Have you ever heard a doctor say anything bad about another doctor. These people have the power of life or death at their hands. Trust me no allegation made by a "normal" person is taken seriously. What non doctor would possibly have the nerve to question the actions of a person who could control if you live or die?
Now the NC Board of Nursing, nurses watching over nurses. Again the odds that a nurse will speak openly against another nurse are slim to none. In my dealing with the NCBON, I was told that the nurse that I filed a complaint against had done nothing wrong. However according to the NCBON, she was "strongly warned" against the alleged behavior in the future. Why would you warn a nurse not to do something if that something was not wrong in the first place? I wrote them and asked specific questions about that warning and was referred to their attorney.
How about the QIO or Quality Improvement Organization. I spoke to one representative who said one of the issues was a big deal, but when it came back, there were no issues found?
The sad fact is that the system is so broken, it is easier for the overseers to ignore the issues and attack the accuser than to actually address the problems. The true loser is the taxpayer who is being robbed by crooked doctors, nursing home owners, and pharmacies that are basically stealing at will.
Lets start with the NCDHHS, they are the ones that oversee the licensure of health care facilities. If you have ever dealt with them, you have obviously experienced the dysfunction first hand. The problem is that they don"t want to open the floodgates by admitting any flaws in the current system. If you file a complaint with them they will go to extremes to maintain the integrity of their certification and recertification processes.
In dealing with the NCDHSR, I was told by Gail Maloney, the Western Regional director at the time, that there was no one above her, she had the final say! In other words Ms. Maloney ignored her duty to provide me with any means to dispute her opinion. Is this what you would call representation, or is it a violation of the Color of Law Statute? Did Ms. Maloney truly consider herself the director of DHSR for the entire State of NC ? Was it not her responsibility as a "public servant " to direct me to a higher authority. I find it hard to believe the final say in a DHSR matter comes from a small office in Black Mountain NC, rather than the Capitol city of Raleigh.
Next the NC Medical Board, doctors watching over doctors! Have you ever heard a doctor say anything bad about another doctor. These people have the power of life or death at their hands. Trust me no allegation made by a "normal" person is taken seriously. What non doctor would possibly have the nerve to question the actions of a person who could control if you live or die?
Now the NC Board of Nursing, nurses watching over nurses. Again the odds that a nurse will speak openly against another nurse are slim to none. In my dealing with the NCBON, I was told that the nurse that I filed a complaint against had done nothing wrong. However according to the NCBON, she was "strongly warned" against the alleged behavior in the future. Why would you warn a nurse not to do something if that something was not wrong in the first place? I wrote them and asked specific questions about that warning and was referred to their attorney.
How about the QIO or Quality Improvement Organization. I spoke to one representative who said one of the issues was a big deal, but when it came back, there were no issues found?
The sad fact is that the system is so broken, it is easier for the overseers to ignore the issues and attack the accuser than to actually address the problems. The true loser is the taxpayer who is being robbed by crooked doctors, nursing home owners, and pharmacies that are basically stealing at will.
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