BATON ROUGE – Attorneys for nursing home operator Bob Dean say he has dementia should not have to sit for depositions. Dean is facing numerous lawsuits after his decision to evacuate 843 residents to a warehouse from seven of his facilities during Hurricane Ida, which led to the deaths of 15 residents. Legal Analyst Tim Meche said his attorneys may be successful in keeping Dean from testifying.
“it’s not a frivolous position that this gentleman is taking, and he may very well be successful in not having to take the witness stand, but that doesn’t mean he won’t be liable,” said Meche.
Letters from Dean’s neurologist and hematologist in Georgia say he is unfit to answer questions and travel. Dean and his wife are now residents of Georgia.
Dean who remains under investigation by the Louisiana Attorney General’s Office could face criminal charges. And while Dean could still be held liable in civil cases Meche said you do have to be ruled competent to stand trial in a criminal case.
“That is, they have to be a competent witness who can understand what he’s being asked, who can articulate well, who’s mind qualifies him as a competent person,” said Meche.
Meche said a judge will make the decision if Dean has to sit for depositions and even if the request is granted, it’s not the end all be all for the cases.
“The plaintiffs could still try their case without having him be deposed, and the defense can still defend their case. So, this is just a minor issue that has nothing to do with whether he’ll be found liable,” said Meche.
The same attorneys defending Dean are also fighting the state to restore his licenses and Medicaid provider agreements that were revoked last September. Health officials say Dean left residents in unfit conditions.
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