Lawsuit seeks $1 million from SNF after employee took Snapchat video of resident
The family of a Texas nursing home resident who appeared in inappropriate Snapchats is suing the facility, claiming it was negligent to hire the certified nursing assistant who posted the videos.
The CNA at the center of the incident, Carlos Alberto Santa Cruz, was suspended from Windsor Nursing and Rehabilitation Center of Duval after he allegedly posted a video to Snapchat in March. It showed an 83-year-old resident with Alzheimer's sleeping with what appears to be feces on her hands. He then reportedly posted videos of someone tickling the resident's nose, causing her to rub her face with her soiled hand.
Requests for comment from Windsor and its parent company, Regency Integrated Health Services, LLC, were not returned by production deadline Tuesday.
Cruz was suspended from the facility after the incident was reported by one of his acquaintances; he was charged with assault by contact in April.
The lawsuit, filed Monday, seeks $1 million in damages and court costs against Windsor and Regency. The resident's family claims Cruz's arrest record of fraud, marijuana possession and criminal mischief should have prevented him from being hired by Windsor. Cruz is “a despicable human being who proved himself to be someone who has no business caring for another helpless and defenseless human being,” the lawsuit reads.
The suit also accuses Windsor of not notifying authorities of the incident, saying officials “lied, denied and covered up the abuse,” according to The Austin American-Statesman.