NY: Patient Attacks Nurse with Broken Plexiglass: Accidental Disability Retirement Benefits Denied.CASE FACTS: Joseph Dzwielewski was employed as a nurse-supervisor by the State of New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of at a psychiatric facility. On June 15, 1994, a psychiatric patient attempted to assault the nurse when he tried to administer medication to her. According to according to
1. As stated or indicated by; on the authority of: according to historians.
2. In keeping with: according to instructions.
3. the nurse the patient "lunged at him with a piece of broken plexiglass." The nurse was able to escape and call for security personnel to restrain the patient. The nurse applied to the State of New York for accidental disability retirement benefits alleging that he was permanently disabled due to "intense work-related depression [and] post traumatic stress disorder Post traumatic stress disorder (PTSD)
A disorder that occurs among survivors of severe environmental stress such as a tornado, an airplane crash, or military combat. Symptoms include anxiety, insomnia, flashbacks, and nightmares. ." The State denied the nurse's application following a hearing based on a finding that the attempted assault did not constitute an "accident" within the meaning of the State's Retirement and Social Security law. The State issued a final determination to that effect. Nurse Dzwielewski appealed.
COURT'S OPINION: The Supreme Court of New York, Appellate Division In several jurisdictions, the Appellate Division is the name of a court, or division of a court, that hears appeals from lower courts.
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Trained by D. : Some might seriously question whether the patient's attack with a piece of broken plexiglass was one of the "expected events" which the nurse-supervisor might expect in the ordinary performance of regular or routine duties. Was this really a risk inherent in the nurse-supervisor's employment? It appears that nurses, particularly those employed in psychiatric nursing, might expect a certain amount of recalcitrant, if not outright combative and assaultive as·saul·tive
Inclined to or suggestive of violent attack: "The reduction of cinema to assaultive images ... has produced a disincarnated, lightweight cinema that doesn't demand anyone's full attention" patients. However, is not an attack with piece of broken plexiglass beyond the boundaries of what should be expected? Would it have made a difference if the patient attacked the nurse-supervisor with a knife? A gun? A garrote? Would it have made a difference if the patient seriously wounded A casualty whose injuries or illness are of such severity that the patient is rendered unable to walk or sit, thereby requiring a litter for movement and evacuation. See also evacuation; litter; patient. or killed the nurse? Dzwielewski v. McCall, 714 N.Y.S.2d 842 --NY (2000)