Abuse of Home Health Client: Aide Had No Right To Take Matters Into Her Own Hands

Legal Eagle Eye Newsletter for the Nursing Profession

September 1999  

   Quick Summary:  When abuse of a patient is known or suspected, proper authorities must be contacted. Private parties have no legal right to take such matters into their own hands, regardless of their good intentions. 

   In a recent case from the New York Supreme Court, Appellate Division, a home health aide was told by her temporary replacement that the client had verbally and physically abused the developmentally disabled adult son they cared for in the home.

   According to the court, the aide insisted the client prepare a letter admitting the abuse. The aide intended to store the letter in a safe-deposit box as incriminating collateral to insure the son would not be abused in the future. When the client refused, there was a heated argument which resulted in the aide being fired.  The court ruled the aide was guilty of misconduct and grounds existed to fire her.   Claim of Richards, 689 N.Y.S.2d 542 (N.Y. Sup., 1999).