New Law in Virginia to protect ones who can’t protect themselves

New Law in Virginia to protect ones who can’t protect themselves

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April Collins started this petition to Virginia law makers


August 7, 2019


State Senator Thomas Norment
P O Box 6205
Williamsburg, VA 23188

Cc: Delegate Keith Hodges


Dear Senator Norment,

    I am writing this letter in hopes that Virginia will implement a law commonly referred to as a “Rescue Law”. Since 2009 there have been 10 states that have passed this law.   inducted this law; California, Florida, Hawaii,  Massachusetts, Minnesota, Ohio, Rhode Island, Vermont, Washington and Wisconsin. The “Rescue Law” reads as follows:

    A duty to rescue is a concept in tort law, that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury or death without being rescued.

      I am imploring the State Of Virginia to consider this law or one alike to protect the ones that are unable to protect themselves.

    My story is as follows that shows how this law could be uses to protect others.

    On May 4th 2013 I lost my son  Travis Gilbert because his caregiver choose to hang out with her friends instead of using her training and contacting the EMT’S to save my son’s life,   The night of May 3rd his caregiver  a (CNA) Certified Nursing Assistant  phoned me to talk about Travis and things that were going on, during the conversation she mentioned that Travis had taken (7) methadone and was sleeping , after hearing that I interrupted her and said that it was to much medication after not using for so long, she informed be that she was on her way back to the hotel, she just wanted to talk without him interrupting, which I could believe. I am at fault for believing her and thinking she went back to the hotel where they were staying. She left a quadriplegic in a hotel room alone with no way to even use the bathroom. She made the conscious decision not to return and leave Travis alone where he pasted away that evening.  Had she done the job she was paid for I may not have lost my son that night.   

    I do not want people thinking that my son just overdosed and took way to many pills, there are circumstances that arrived from this, when Travis was first prescribed Methadone he had built up a tolerance for it and was told to take 5 three times a day, After several years  he fought and won the battle against that medication, the day of May 3rd he was discharged from Walter Reed Hospital in Gloucester, VA and the Doctor that was assigned to his case prescribed it to him again. He believed that the amount he took was close to the original amount to ease the pain he was experiencing.
    Caregivers or individuals in the state of Virginia are not held accountable for there actions and they believe that they are untouchable in the eyes of the law.  As of 2019 there is not a law on the books that holds people responsible for knowingly letting someone be injured or even dying,

I realize there is nothing  that can be done to hold the person whom did nothing to try and save my sons life, but if this law or one close to is passed in the state of Virginia it could save another parent and family for going thru what I have for the past 6 years.

    I would like the opportunity to discuss this in further detail and in person, and I am requesting a meeting with you and or your staff member.  

Thank you in advance for taking the time to read my letter and possible meeting with you or your staff.




April S Collins

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