Can a home health care company be sued for negligence if their aide just disappears in the middle of the night?

Bankruptcy and Debt 2 views 3 answers
My grandmother is 84 years old. She suffered a stroke in September 2010. On medicaid, she receives 24 hr home health care. She has no use of her left arm and minor use of her left leg. The company in question (VIP) provides her with live-in home-health aides. Tonight, the aide they assigned just "disappeared into the night" -- that is, she packed her things and left around midnight without letting anyone know she was leaving. If my girlfriend hadn't been there, or was sleeping and didn't notice... I can imagine my grandmother screaming for this aide to take her to the bathroom in the middle of the night to no avail. Is there some sort of legal recourse?

Attorney Answers

3
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
As a New York medical malpractice attorney, I have heard many harrowing stories involving "home care" or lack thereof. Fortunately, it sounds like this time, nothing bad happened due to the home health aide disappearing during the night. Of course, it is scary to think of what might have happened, but the situation you've described above would not be considered medical malpractice. Certainly, now is a good time to review the back-up plan for your grandmother's care. It would also be smart to investigate a little and review the quality of care she's been receiving to date--perhaps there have been similar situations of which you've not been previously alerted. You should also speak with the home care agency to find out what can be done to minimize the chance of this happening again. If you find that there has been a pattern of neglect or incompetence, then speak with a local attorney. Contact information for New York attorneys can be found here. Good luck!
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Anthony A. FerrantePersonal Injury LawyerBrooklyn, NY ·
This sounds like a terrible situation and one that could have ended badly. Fortunately, it did not. In any claim for negligence or medical malpractice you must prove two things: liability and damages. Here, even if the home health care agency was negligent for their hiring practices or because they knew of this particular aids penchant for leaving in the middle of the night, you do not have any damages. This means that your grandmother did not lose anything because she was not injured in any way. Thankfully. I suggest you shop around for a better agency if you are not satisfied with this one. Good luck.
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