"I think these organizations are being promised that they have no liability for wrongful death."

Medical examinations include taking temperatures, tissue even, for testing.  That is collecting vital statistics and tissue samples.  And it's so important.  Look at the hospitals.  I haven't done the research on the nursing homes to know what the money looks like, but on the hospitals, the physicians at the hospitals are getting $19k for putting patients on respirators and $39k for COVID deaths.  Imagine your grandparents sold their home, and they liquidated their assets, because they had to, and they pay the nursing home, and how the nursing home is getting money from the state under this false emergency and getting money from your parents and abusing your parents, and they have a profit motive for whatever it is they're going to do to your parents maybe it might cause further injury because there is a profit motive.  and I can tell you I did a few years ago a case with the dept of health.  they were harassing a spa.  And so I went and pulled the charter for the dept of health here in Florida.  The department of health here in Florida was formed by the state legislature.  It's a trust: it's a business.  When you set up a company, you register it with the Secretary of State.  But that doesn't have to be the way a company is formed.  It can be formed by the state legislature.  So the state legislature formed a business trust called, The Department of Human Health and Services for Florida.  So it's a trust.  20:16.  What was happening was the DOH was enforcing these fines on the spa for just a bogus claim.  So I brought it to the appeals court in the state of Florida.  And we used the marketing material for the Dept of Health, their own marketing material, and we showed that they were actually promising investors a higher rate of return every year because they knew they could impose more fines on more physicians as the years went on.  The charts they showed demonstrated that.  So I brought this to the appeals court and we didn't get a response.  We wanted a reversal of the trial court's decision, and we didn't get a response, and so I called the court and we followed up a few months later and the clerk at the Appeals Court said, "What file?"  The whole thing got deleted.  [21:06]  The whole case was removed from the docket.  [HOW IN THE FUCK DOES THAT HAPPEN AND NOT GET NOTICED BY SOMEONE SOMEWHERE???]  OMG!!!  It doesn't exist.  So, you have a lot of power if you know where the money is coming from and what they're getting compensated.  And they have to disclose it.  If they can't disclose or you can't get it, what you'll do is go to the CARES Act . . . there's an agency that keeps track of who gets what money.  Whoa.  Whoever your county, your state, whoever is declaring the emergency is getting the money.  And it has to be allocated, so you can see where and who it is being allocated to.  You can track it that way or track it through the nursing home or the care facility.  

Peggy: File a complaint with the Dept. of Health against Sprouts & Others.  22:38.  These agencies are actually corporations.  WTF?  

I did get a response from the Dept of Health, and this is going to confirm what you'll already suspect.  The Dept of Health I filed a complaint with regarding a restaurant, and the Dept came back with a one or two liner that said, "No, it's okay, during this time of COVID."  What?  I don't get it.  I don't even think that person was qualified to answer the mail.  So I don't think . . . .   Okay, who's going to regulate the DOH for violating its own regulations.  It's the AG or Attorney General.  I don't know of any agency over the DOH.  It would be Health & Human Services.  Yeah, that or your police function.  Anything in your executive branch is your police function.  DOH is a police function.  But above them would be the Attorney General's Office.  

What do you mean by police function? 

I'll give you an example.  If someone calls CPS on your children or your family or on you, the CPS is the police.  They're operating under executive authority.  It doesn't mean they're wearing badges, carrying guns, or driving squad cars, but it's a police function.  Anything under the executive branch is a police function.  So the DOH is a police function.  

PEGGY: 24:10 Which is why these code enforcers come in and write citations and violations.  

They still have those obligations under the police powers.  But we do have to start with these lower agencies.  We have to go to the Dept of Health.  Might also include, like in Florida, the Dept of Business & Regulations.  Have to go to the lower agencies because the higher agencies will ask you if you've tried the lower courts or agencies, and so forth. 

They have a right to choose what doctor they want.  Here are some of the rights that John highlights: 

25:20.  Just reviewed the Florida statute 400, and here we have Statute 429.  Similar resident Bill of Rights.  You can find this in your own state.  If you're having difficulty, let John know.  He does this all the time.  And if you need help finding the exact agency for your state, let John know.  That's what he says.  However, I don't have a contact number or contact email for John, but I guess you can find one by going to his site, FightPrivacy.com. 

WHAT TO DO?  It tells you what to do in the statute. 

26:05. "Get your loved one to a safe place."  I wished I'd known of this option when before my mother passed away.

Document everything.  

The directors that respond have been biased by someone who told them that "You're going to get objections from the family members.  Just know that people will object, and they don't know what it's like.  They're not medical professionals, and you should just politely inform them that this is the way it's going to be."  And they think they're okay doing that.  They already believe then that you're just not that smart.  That's the translation of it.  

So what you want to do is, if you're doing email, which is nice and convenient, you need to print those emails out and then summarize them in a written communication by mail.  It has to be documented by mail, especially when you get to the point where you have to serve notice on them, and that's where . . . .  When you serve notice on the board of directors, which is what you do, the attorney or whoever the Chairperson is, that creates liability.  So you have to do that by mail.  And one of the more effective ways to do it is, is that when you serve it by 1st Class Mail and by Certified Mail.  Purpose of Certified Mail is to document the fact that you've served it on them.  And then sometimes, because it's certified mail, you could do just proof of delivery, make the person sign for it, The recipient can reject your Certified Mail.  But that's why you send by 1st Class Mail also.  2 letters of the same letter sent two different ways.  Costly but it's worth it.  This is legal procedure.  This way you document that you've noticed them properly.  So now that's different than if you bring a claim in the court.  That's different because now you have to get a summons issued from the clerk in the court and then you have to bring a processor and deliver it to the registered agent or the board of trustees of the nursing home. 

29:00.  There are ways around that.  I don't mind discussing your particular situation.  I know we do a lot of form letters.  I will actually take my form letter that you see, and customize it for what you need. 

DOCUMENT THE INCIDENT

REPORT TO LOCAL AUTHORITIES.  You can call 911.  It's that easy.  Call the police.  Your parents are being assaulted.  Call the police, file a police report.  I know it sounds drastic but you just have to do it.  You have to use these facilities the right way.  You have to use these services.  

THEN YOU PICK YOUR AGENCY.  Call the police, make a report, then pick your agency and write them a complaint letter.  Agency for Health Care Administration.  In California, it's California of Health Care Services or DHCS for Dept of Health Care Services.  In Colorado, it's   .  Go online and find out who is supposed to receive your letter of complaint.  30:00.  And don't worry, lots of times it'll be routed to the proper office and you'll get a response back and then you'll know who to deal with.

 the procedure works.  From the state to the city to the county.  

At the 31:29 mark, John lists the bare-minimum PLEADING REQUIREMENTS.  These are the 4 things that need to be established or alleged:

1.  The Defendant Owed a Duty to the Resident.  What's the duty?  That list of the Residents' Bill of Rights, other criteria, and not to mention being treated with dignity.  I don't need a statute for that.  The nursing home owed a duty to my parents.

2.  The Defendant Breached the Duty to the Resident.  This is where you bring in the facts.  Here's what they did on this date, this date, and this date.  Tell a story: here's what happened.  Put it in chronological order.  He can show you how to make it into an affadivit, but you don't need to do that at first.  

3.  The Breach of the Duty is a legal cause of loss, injury, death, or damage to the Resident; Next, you to allege this point #3.  Example #1: "My dad was humiliated.  He called me on the phone and said he didn't want to live anymore."  Example #2: "My parents were denied visitation during my mom's birthday."  I couldn't visit my mom or I couldn't be with my dad before he died."  These are examples of a breach of duty.  I think these organizations are being promised that they have no liability for wrongful death.

4.  The Resident sustained loss, injury, death, or damage as a result of the breach. 

I am not saying that you want to take people to court, but you want to frame the complaint so that it's ready to be filed in court.  "When a competent person sees this and says, oh, my gosh, you guys, we can't let these people take us to court, that's the next step.  We gotta fix this."

33:40:  I think these organizations are being promised that they have no liability for wrongful death.  So realize what kind of monster we're dealing with here.