The New York Supreme Court Appellate Division dismissed a personal injury lawsuit on Tuesday, December 6, against elderly care transportation provider Senior Care Emergency Medical Services and its associated entity, Senior Ride, ruling that the companies did not possess any reason to have knowledge that a driver employed with them would hurt a patient.
Reversing a lower court’s ruling, the appeals court nixed the lawsuit lodged by plaintiff Holly Shiebl, who claimed that a driver for Senior Care physically assaulted her in an elevator at New York Presbyterian Hospital, noting, “The affidavits of both managers from both companies and the personnel file established that, at most, the employee had been disciplined in the past for rudeness and verbal abuse toward clients, and the companies had no notice of any physically violent propensities.”
Senior Care made the argument that they did not actually employ the driver and that the driver was actually employed by Senior Ride; Senior Care also contended that they are a totally different company from Senior Ride.
Please call our New York City personal injury attorneys at Hach & Rose, LLP by dialing (212) 779-0057 or fill out our online contact form today to speak with a qualified member of our legal team. We handle cases in nursing home abuse as well as other areas of personal injury.
Nursing home abuse and neglect can take many different forms, and one of the most unfortunately common is dehydration. Many nursing home patients are unable to secure water and other liquids for themselves, and instead have to rely on potentially over-worked and under-trained nursing home employees who may fail to meet their needs. Click here to learn more about dehydration in nursing homes and the danger it poses.
Nursing home abuse can manifest itself in a number of different ways, but one of the most dangerous and, unfortunately, most common is the presence of bedsores on patients. Bedsores are pressure-wounds that occur when a bed-ridden or chair-bound patient is incorrectly cared for and forced to spend too much time immobilized in the same position. You can read more about this dangerous form of nursing home neglect by clicking here.
Nursing home abuse and neglect are unfortunately common practices that put an already vulnerable population in even more danger. In fact, studies suggest that even minor abuse can leave a nursing home resident with a 300% greater chance of death. Abuse can occur in many ways, and unfortunately, few nursing home abuse victims are able or willing to report the inexcusable treatment they’ve experienced. Learn more about elder abuse and some of the ways to identify it by clicking here.
A certified nurse aide at the Park Ridge Living Center in Greece, NY has been arrested and charged with endangering the welfare of a vulnerable elderly person, a felony crime. The charges stem from an assault which occurred on November 5, 2012, when the aide, Groven Glenn, became angry with an 83-year-old resident, throwing a chicken bone at her and slamming the wheelchair in which she was seated into a doorframe, resulting in physical injury to the victim.
If convicted of the charges, Glenn faces up to 4 years in prison for his actions. The state’s evidence is based on surveillance video footage, and Glenn has himself partially acknowledged his wrongdoing during interrogation.
If your loved one has suffered from nursing home abuse in any form, we want to help you pursue justice. Contact Hach & Rose, LLP, today at (212) 779-0057 to speak with a qualified member of our legal team about what we can do for you.
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