Bronx, NY asked in Personal Injury and Medical Malpractice for New York

Q: I stood in a psychiatric facility and was assaulted by another patient twice due to the negligence of staff members.

Staff advised that the patient would be no where near me and would be assigned someone to watch her at all times however, she was still able to attack me again the following week. I needed the visit the Emergency Room once and the second time treated in house. Would I be able to sue the facility due the that fact that my safety was violated under the care of the facility?

3 Lawyer Answers
Michael Bersani
Michael Bersani
PREMIUM
Answered
  • Medical Malpractice Lawyer
  • Auburn, NY
  • Licensed in New York

A: Yes you can sue, but whether you would win the case depends on the facts: How much security did they provide, how much COULD they provide, etc. Also unless you are seriously injured, unlikely any lawyer will want to get involved. Finally, if this case is against a municipal or state run facility, there are very short time limits for preserving the claim in New York State, so be mindful of that.

Tim Akpinar and Jonathan R. Ratchik agree with this answer

1 user found this answer helpful

Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY
  • Licensed in New York

A: Yes, it's possible you could, but more details are needed - in particular, your level of injuries. I hope that you were not seriously injured, but this would be an important element of any lawsuit, as Mr. Bersani points out. You could reach out to attorneys to discuss in more detail. Good luck

Tim Akpinar

Jonathan R. Ratchik
Jonathan R. Ratchik
PREMIUM
Answered
  • Medical Malpractice Lawyer
  • New York, NY
  • Licensed in New York

A: You might be able to sue toe facility depending on whether the facility had notice (knowledge) of the other patient's vicious propensities and whether its failure to provide adequate security caused or contributed to the attack. What it all boils down to is whether the assault was foreseeable and whether better security could have prevented the incident from occurring. Keep in mind that, as my colleague correctly pointed out, depending on who owns or operates the facility, you might have strict deadlines by which to bring any such lawsuit - if it's owned or operated by the state or a municipality, you have 90 days from the incident in which to file a Notice of Claim and must do so before you can file any lawsuit. You can find a lawyer using the Find a Lawyer tab on the JUSTIA homepage.

Tim Akpinar agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.