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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38282
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I was attach by a nurse assistant (male) in December at the

Customer Question

I was attach by a nurse assistant (male) in December at the Harrisburg, PA hospital. I had called for a nurse to help me to the bathroom (I had back surgery and needed assistance getting my brace on and walking to the bathroom.) When a male assistance came, I asked for an female for assistance. He went out of the room, but returned shouting, "I can't do that". He then grabbed hold of my right leg and tried to pull me out of the bed and then grabbed my arms and tried to lift me out of the bed. By this time is was hysterical. Another nurse assist came in the room and the male left the room. He returned to the room and stood in the bathroom as I told the felmale asst. the story.
I have been in touch with the hospital and all they will tell me is that an investigation was done, but they will not tell me the outcome. They say and attorney has to contact their legal department. Should I pursue this?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns--I am a licensed PA professional.

Oh, good grief. Are you all right? Did you suffer any injury? Have you obtained any legal counsel at this time?
Customer: replied 1 year ago.

No I was not badly hurt only emotionally. I was abuse at the age of 8 by a 16 year old neighbor boy. All that trauma came back. I was emotionally a wreck for two weeks after this incident. I also had a bruise of about the size of a quarter on my left arm. My insicion on my back was not hurt.

Expert:  Dimitry K., Esq. replied 1 year ago.

Mary,

Thank you for your follow-up and your patience. I was offline for the full 4th of July weekend due to family obligations. Please allow me to assist you this morning.

Having said that, the hospital is not liable for solely emotional pain--a typical personal injury claim has to have 'physical' injury, that is, a bruise, medical costs, and pain and suffering. Similarly, they aren't liable for past memories that came up that aren't directly related to the injury UNLESS the hospital was aware of your past and intentionally harmed in that way to attempt to cause harm--then you could have a a potential claim for intentional infliction of emotional distress. Since you likewise had a bruise, that is also actionable and does permit you to retain a personal injury attorney so as to seek redress.

Good luck.

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