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Is it negligence if nurse puts disabled patient to pee and leave her underwear half way on her legs and never look back?

Brooklyn, NY |

My 76yr old aunt who is wheel chair bound because of a stroke was rushed to ER because of seizure. she was taken to ER about 8:30 am on Thursday. Hospital called to say she is discharged at 1:30 am, and they are sending her with EHS. A nurse came to her and said she was from neurology dept . My aunt asked her for help to dress and she told her she has a nurse assigned to her. There was no nurse to help. The EHS guy tried to help her to put on her clothes but he was unable so they had no choice but to wrap her in 2 hospital sheets in the height of winter and the snow had started to fall . She got home smelling of pee and damp from snow at 3:30 am. When I moved the sheet her naked butt was exposed and her underwear down on her legs. She was at the mercy of 2 young EHS men. What is this?

Attorney Answers 3


It's definitely not good care, that's for sure. However, medical malpractice lawsuits are expensive. There needs to be a fairly serious injury for a lawyer to take the case. I personally spend at least 100k on every med mal suit, as I have to pay experts, etc. I paid 40k for a one paragraph expert report from a top pediatric neurologist for a cerebral palsy case, just to give you an example. However, I always advise everyone to get a free consultation from a med mal lawyer to protect their rights.

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I agree with the previous posting that the mistreatment of your aunt does not make out a medical malpractice case. However, there are state and federal licensing authorities for hospitals and a letter of complaint would be in order for both. In addition, correspondence to the CEO or other administrator of the hospital itself is appropriate.

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The hospital did not seem to have your aunt's best interests in mind. However, for this to raise to the level of medical malpractice your aunt would have to have sustained an injury due to their negligence. You do have a right to make a complaint to the New York State Department of Health. The web address for the Office of Professional Medical Conduct is here: You can make a complaint there.

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Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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Brian C. Pascale

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