There ought to be a law…
Posted by Patti on August 25th, 2008 / 
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Some time ago here, we wrote about some CNA’s who abused a resident’s dead body- they posed for pictures as well. Sick people. Apparently it’s not against any laws to do this. The law specifies this is not abuse simply because the resident was dead.
Whatever.
The lawmakers in Michigan, where this happened, are working to change this.
STERLING HEIGHTS – Lawmakers are struggling to put together legislation that would ensure nursing home patients are treated with dignity even after they die.
The Michigan Court of Appeals unanimously ruled last week that because a dead body is not a person, it is not protected under a statute meant to deter patient abuse in nursing homes. The case involved Lillian McIntyre, who died in the Cherrywood Nursing Home in Sterling Heights at age 88 in October 2004.
Three nurse’s aides who were supposed to prepare McIntyre to be moved to a funeral home manipulated her body into several poses and took pictures with a cell phone camera, according to court documents. Other nursing home employees found out what happened and alerted their bosses.
The three aides were given slaps on the wrists- no other punishment. They can still work as aides. It amazes me what kinds of people we allow to work as aides: Only the mentally sick and warped would do such things.
August 25th, 2008 at 10:49 am
I think this is the worst thing ever! How can this ever go on in any place any where. The government should take action on this asap. I feel ashamed for these horrible c.n.a’s. Some day this very thing could happen to them, Have Respect!!!
Debbie Lane
August 25th, 2008 at 11:24 am
Wow.
I’m pretty sure this falls under the Karma category. Likely it won’t happen to them, but instead to someone they love so they can actually feel the shame it causes.
What on earth is funny about a dead body?
I’m happy to say that the CNA’s I work with have always been professional when caring for the recently deceased.
August 25th, 2008 at 3:28 pm
Tracy I think you’re right. Poetic justice would show us what goes around comes around.
I don’t want to believe we have such classless idiots among us, but I DO know we do. A lot of people worry about what will happen to their body when they die. Stuff like this doesn’t help our profession at all.
I imagine, with their names being public now via court records, no facility would ever hire them. I sure hope not. If they can’t lose their certifications, they can still lose their ability to work as aides.
August 27th, 2008 at 10:47 pm
I know most states have laws regarding the abuse of a deceased person body why don’t they apply here or why are they not being upheld?
August 28th, 2008 at 5:21 am
How could anyone let this happen. The body should be treated with respect as if the person is still alive.
August 28th, 2008 at 10:57 am
Actually Drew, most states do not call it abuse when a health care worker abuses a dead body; there are NO laws in most states! It’s terrible. Now, the average citizen can face criminal charges if he or she handles a dead body in a disrespectful manner. Health care workers cannot be charged with actual ABUSE, as currently defined, because a dead body is not a living resident/patient/client. Stupid eh?
August 29th, 2008 at 9:22 am
They may not be able to charge them with a crime but the state should be able to take action against their certification ethical, conduct unbecoming, or something like that.
Mary
August 29th, 2008 at 10:00 pm
I think the judge could have used more gravel power in this case. Too often, crimes or near crimes are committed and our judges hand out these slaps on the wrists instead of a real objective punishment. This is one reason why society as a whole has deterorated so much. No one is held accountable for their actions.
Sad. Very sad.
August 30th, 2008 at 7:31 pm
OMG this is awful! The judge condemned what the aides did, but did not give any form of punishement, including revoking of the CNA! Out of decency he or she could have done that without any problem.
I hope these aides are forever barred from working with people- as aides, as nurses, as any human service career.
Shameful!
September 1st, 2008 at 7:52 am
I doubt these aide will ever work in human services again. But then again, in todays forgiving, lets-give-everyone-another-chance world, it would not surprise me.