Skip to main content

A 400 lb. Man with a trach fell. We were told to leave him on the floor all night. It happened on an overnight shift.

North Hudson, NY |

This man was so big we could not get him up. He cried all night. He had problems breathing. We were told if we tried to get him up and got hurt..it was on us. He begged us not to let him die. Th
is was an assisted living housing. We had to leave him there all night. To top it off, it happened again the next night with a different resident. We were told the same thing. Staff threatened to leave if something wasn't done. We refused to leave someone on these hard floors all night. Staff ratio is 2 to 44 on this shift. We are women
Is this acceptable in NYS? This 400# man has a trach and was having problems breathing. He begged us to help him and not let him die like that.




leave him there all night on the hard floor. To top it off, it happened again the next night with a woman. Staffth

Attorney Answers 7


  1. I truly hope this is a prank post. If not, seriously! Call an ambulance, call the police, contact the N.Y. State Department of Health, tell the family of this poor man. For shame.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  2. Call and ambulance, call the police and call the Department of Health. I hope this isn't a real inquiry.


  3. I agree with Mr. Adams. On top of everyone else you should have notified, if you are union, you should be contacting union counsel or the shop steward.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  4. Hope that no one notifies the State Department of Health. You can't leave a patient on the floor all night.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  5. No. This is disgusting and despicable. You should make a complaint to the NYS Attorney General's Office, and the NYS Department of Health, and to all of the regulatory bodies that regulate nursing homes.


  6. This is really not the appropriate forum to deal with this issue. There should be a line of command to handle complaints such as this and would advise you to request to pursue them in writing ASAP. I would send copies of the letters to management at all levels. This sounds like unacceptable behavior and the family is likely to bring an action if this situation is not corrected.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.


  7. I sincerely this is not a real posting and is some sort of prank. Assuming you are telling the truth, then I agree with counsel in telling everyone and anyone that will listen about this. However, if you are not telling the truth, you have certainly scared a lot of honest people on this forum.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics