Legal Question in Constitutional Law in North Carolina

My brother has a syndrome called Kearnsayers. It has caused him to be death and unable to control his muscles at times. He recently had a stroke and after a long hospital stay was sent to a nursing and rehab center to receive therapy before returning home. The stroke has rendered his left arm as useless and he has just recent started speaking again. I went to visit him Sunday night and everything was fine. When I can back Momday morning her was very upset and told me the nurse that took care of him overnight had pushed his head into the railing of the bed. Had smacked him a crossed the face and also covered his mouth and held his nose so that he couldn't breath twice. He has been at this home for 2 weeks now and loves the rest of the staff. He was unable due to his syndrome and the stroke on top of that to defend his. My family and myself our livid and heartbroken and are not sure what to do about this. We are not aloud to stay over night with him so my question is it ilegal to install camera in his room? We are from NC. Also, can he take out criminal charges out on her for the assult?


Asked on 3/30/16, 10:40 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

How awful. I'm so sorry to hear of your brother's ordeal, which is surely also an ordeal for you and the rest of your family.

Your brother can report the employee both to management and to the police. You can make such reports too. But you should ask your brother how he feels about it first. He might be unwilling to cooperate while he's still a patient there. You have the right to report this person even if your brother doesn't want you to, but you should at least involve him in the decision.

Whether you can put a camera in his room will depend on a variety of factors, including the terms of his contract with the rehab center, whether he shares the room with another patient, and how the camera would be set up. The center might be willing to install one for you if you ask.

Good luck.

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Answered on 3/31/16, 11:50 am


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