Aleydis Llovet is a quadriplegic who relies on home care to help her complete the daily tasks of life. Recently, her friendly aid who arrived at her home every day called at the last minute to say that she couldn’t make it. In place, she sent a new substitute, a young woman named Hattie Moore. The replacement attendant had recently delivered a baby, and was a stand in that did not have much experience in the medical industry.
She had never worked with a quadriplegic before. Llovet was paralyzed when she broke two vertebrae in her neck in a rear-end accident. She had been in a taxi cab in New York when a NYPD officer slammed his rover into the back of the cab. The injury was devastating. She now is unable to wash her hands, eat, or take care of herself without assistance. The accident happened 16 years ago, but Llovet still feels the pain of the NYPD officer’s actions every day.
The new aid who was helping Llovet was supposed to help her for a short amount of time while the regular home care nurse was on vacation. All substitute nurses are required to go through training with the regular nurse, but in Hattie’s case, the trainer arrived late. When Ms. Moore brought a bucket for Llovet to wash her hands in, the quadriplegic asked whether or not it was hot. Moore promised that it was lukewarm. Together, Hattie and Aleydis removed the large brace on her right hand.
Normally, Aleydis has a nurse dip a paper towel in the washing water and touch it to her face to make sure that it isn’t too hot. The attendant obliged her, and Aleydis did her washing in the lukewarm water. Eventually, Moore went and got more fresh water, then left to obtain some lotion. She then walked into the other room to watch T.V. while Aleydis finished up her cleaning routine. Llovet told the Times Union that she was going to ask the aid to feel the water first, but she felt pushy and irritating.
Therefore, she simply plunged her hand into the bucket. Llovet has no feeling in her legs or arms, so she could not feel how hot the water was when she placed her hand inside. However, she eventually felt a throbbing in her head, and looked into the bucket to make sure her hand was fine. The skin was bubbling from the scalding water. Her hand swelled to five times its normal size, red and blistered. Hattie ran to get a bucket of ice. The nurse who was supposed to teach Moore how to care for Llovet arrived at this time, and began scolding the aid outside. She phoned 911.
When the ambulance arrived, Llovet was transferred to a stretcher. The police asked her if she would like Moore to be arrested for her negligence, but she said no. Llovet was admitted into the Staten Island University Hospital burn center, where she was treated for her injuries. Her hand remained scarred, disfigured, and discolored. Llovet eventually sued Moore and the agency she worked for, and was able to obtain damages. Adult Protective Services took pains to care for Llovet during this time, and Moore was never sent to her home again. Llovet’s attorney says that the case when “beyond a matter of negligence” and said that people like Llovet need special oversight. If you have a medical malpractice home care case, then talk to a local attorney in your area to seek damages. Like Llovet, your case should be evaluated and you should be granted damages for your pain.