Ruptured Brain Aneurysm during employment

[GardenOfHope]

What is the name of your state (only U.S. law)? New York City.

My mother was a housekeeping YMCA employee at an New York City branch.

She died from a ruptured brain aneurysm on October 2010.

From the surveillance tapes at the YMCA facility, it shows that she entered the female locker restroom at 12:30 and she was not found by fellow co-workers until after 3:00pm when the Ambulance had arrived.

1. Is it a viable case to sue YMCA for not being able to find my mother in time?

2. Will it matter if I am to prove that the YMCA staff's lack of emergency procedures have partially contributed to my mother's death?

3. What about the delay in providing immediate aide to my mother?

4. Would it matter if the private bathroom does not have an emergency alert button?

I do not wish to waste tax-payers dollars if there is no case, but if anyone has any insight or advice, please let me know.

 

[Proserpina]

What is the name of your state (only U.S. law)? New York City.

My mother was a housekeeping YMCA employee at an New York City branch.

She died from a ruptured brain aneurysm on October 2010.

From the surveillance tapes at the YMCA facility, it shows that she entered the female locker restroom at 12:30 and she was not found by fellow co-workers until after 3:00pm when the Ambulance had arrived.

1. Is it a viable case to sue YMCA for not being able to find my mother in time?

2. Will it matter if I am to prove that the YMCA staff's lack of emergency procedures have partially contributed to my mother's death?

3. What about the delay in providing immediate aide to my mother?

4. Would it matter if the private bathroom does not have an emergency alert button?

I do not wish to waste tax-payers dollars if there is no case, but if anyone has any insight or advice, please let me know.

What proof do you have that being found even minutes after the event would have saved your mother?

Ruptured brain aneurysms are frequently immediately fatal.

 

[justalayman]

but beyond that, what duty did the Y have to provide continuous observation of your mother?

and taxpayers money? The Y is not a government owned or operated entity. It is private and as such, would have to provide for their own legal counsel just as you would.

 

[Zigner]

and taxpayers money? The Y is not a government owned or operated entity. It is private and as such, would have to provide for their own legal counsel just as you would.

I think the OP was referring to the court systems.

 

[justalayman]

I think the OP was referring to the court systems.

they are there whether we use them or not and the fees you pay help defray some of the costs of operating them. Think of it as doing your part to keep America employed.

 

[Mass_Shyster]

First, I'm sorry for your loss.

One general rule of common law is that there is no duty to help a stranger. Unless there is a contractual obligation (like a lifeguard at a pool or some healthcare professional who is being paid to care for someone), there are very few places where any duty to help someone is legally imposed.

In short, this means that your likelihood of winning a lawsuit against the Y is pretty slim.

Maybe you could direct your energies into getting the Y to install emergency alert buttons so someone else may be saved.

 

[cbg]

Not to mention that to prevail in a suit, you would need convincing medical evidence that, had she been found sooner, she not only could, but likely would, have been saved. Which will be difficult with a brain aneurysm, which is often immediately fatal.

I'm very sorry for your loss, and your pain. But I think you may need to look for closure elsewhere.

 

[cyjeff]

While I am sorry for your loss, I want to say one more thing.

Even in places where surveillance is mandatory, bathrooms are off limits.

In other words... if your mother had been working in the White House, they probably still wouldn't have cameras in the bathroom.

Privacy issues.

 

[GardenOfHope]

I sincerely want to thank all of you for taking the time to reply with insightful advice.

My family and I just have so many questions and we do not know where to start looking for answers.


1. Would it matter if a fellow co-worker informed the manager that my mother was not present during their usual lunch date on that specific day? I just don't understand why the Y does not have any emergency protocols to locate missing employees in a timely manner. It took them 3 hours to locate my mother. I cannot imagine with the amount of customers going in and out of the Y facilities, they would not have emergency guidelines.

I understand that there are no mandatory policy in knowing where each employee's location are at any given time. However, I am concerned why the manager did not look at the timecard sooner to verify if my mother was still within the Y facility.

2. I understand that a ruptured brain aneurysm can be fatal within a short period of time. I am not sure if I am wrong to believe that my mother could of had been saved if she was found earlier. I would of had preferred to take care of her for the rest of my life, but I was never given that chance. I have read so many post-ruptured brain aneurysm survivors' stories that they have been saved since they were found earlier. I can understand that in law, what-ifs are rather difficult to prove.

3. If the Y or all public facilities would install a simple $500 emergency alert system, it may or not may save anyone's life. But I would like to believe that even if it can save one person's life, it is well worth the expenses of installing and training staff members on such emergency alert devices.

I really do appreciate all the insightful responses. Thank you once again.

 

[cyjeff]

1. Would it matter if a fellow co-worker informed the manager that my mother was not present during their usual lunch date on that specific day? I just don't understand why the Y does not have any emergency protocols to locate missing employees in a timely manner. It took them 3 hours to locate my mother. I cannot imagine with the amount of customers going in and out of the Y facilities, they would not have emergency guidelines.

I understand that there are no mandatory policy in knowing where each employee's location are at any given time. However, I am concerned why the manager did not look at the timecard sooner to verify if my mother was still within the Y facility.

Because your mother is an adult and it is not her employer's responsibility to find out why one employee missed a lunch date with another employee.

What were you expecting? A "Code Adam" where all the doors were locked and every room was searched until we found out why one employee doesn't want to eat lunch with another employee?

I understand you are hurting, but that type of action simply isn't going to happen.

2. I understand that a ruptured brain aneurysm can be fatal within a short period of time. I am not sure if I am wrong to believe that my mother could of had been saved if she was found earlier. I would of had preferred to take care of her for the rest of my life, but I was never given that chance. I have read so many post-ruptured brain aneurysm survivors' stories that they have been saved since they were found earlier. I can understand that in law, what-ifs are rather difficult to prove.

Impossible, in fact.

3. If the Y or all public facilities would install a simple $500 emergency alert system, it may or not may save anyone's life. But I would like to believe that even if it can save one person's life, it is well worth the expenses of installing and training staff members on such emergency alert devices.

I don't deny it would have benefit. I don't know whether or not it would have helped your mother... but, perhaps, it could be something for you to focus your energies upon.

You should also realize that even if such a device was in place your mother would not have had the ability to use it.

Some tragedies are just that... tragic. I am sorry for your loss... take comfort in the knowledge that she did not suffer.