I am a homebound client of Metropolitan Jewish Long-Term Home Health Care Program since October 2008. Providing me with services of a Nurse, home health aid,therapists,social workers and Transportation to medical facilities. The agency has for the most part gone above and beyond and everyone is extremely kind. With the Exception of miscommunication and incident occurring shortly after I was accepted into the program involving a nurse and home health aide no longer under my care Until now when I find myself faced with many serious problems due To the misrepresentation and exaggerated advice I was given by The social worker assigned to me 4/19/2009. At that time I was Told by her that she would do whatever she could to help me and I gave her all my significant problems. In which she assured me Of getting everything done to my satisfaction. One year later her supervisor informed me that she did not have The authority to work on some of these problems. This situation Has cost me to have my civil rights violated, debts increased in late charges, finance fees, loss in pursuing legal matters due to the Statue of limitations. (I am enclosing some of the matters she was Working on.) I feel quite badly about this, she meant no harm and was try help. CONTINUED To help, but these matters are exacerbating my physical problems By the additional stress now put on me by not having matters She was addressing no longer being attended to. I always notified by mail, in person or phone of the work she was Doing for me and what I felt she wasn't pursuing at a quick enough Pace to the agency. I assumed, since no one told me otherwise, that she was doing Her job as an employee of the agency and that she was authorized in each and everything I gave her to do so. As, no one ever said she Wasn't allowed to handle my significant problems. I went on assuming I was entitled to her monthly visits to my home and her services that She discussed at these visits. Since always signed her reports of Visits just as I did with the nurse and other staff members. Like I said it is not my intention to get anyone in trouble just rectify My situation. Please advise. Sincerely Yours, Susan Schulman As of 9/8/20 the credit counselor said he could not help and Ms.Mascaley is denying she offered service beyond the scope of her Obligation to Metropolitan Jewish Long Term services. Do I have a legal case. Do I need an attorney in elder law attorney to assist me I believe there is here is likely a breach of contract claim for misrepresentation by the social worker and also possibly a negligence claim as well for her not doing what she promised to do knowing it was not in her authority.cant get an attorney who wants case
03/03/2011 |
Category: Elderly |
State: New York |
#24333
Generally, social workers are protected by immunity except for intentional acts or acts outside the scope of authority. It is clearly established that social workers are “officials” for the purpose of being entitled to utilize qualified immunity when acting in their individual capacities in accordance with their discretionary functions. Provided that social workers keep aware of laws and constitutional rights, follow appropriate procedures, and act with reasonableness and good faith, the doctrine of qualified immunity is a viable tool against suits brought against them in their individual capacity under 42 U.S.C. § 1983. Please see also:
http://www.docstoc.com/docs/52791936/Public-Employee-Immunity
http://www.allbusiness.com/legal/trial-procedure-immunity/8903429-1.html
When a state officer acts in excess of his authority, or under an authority not validly conferred or contrary to law, his illegal act may be restrained in an action against him individually, by appropriate injunctive process and he may not claim the immunity of the state from suit. When a state official's acts exceeds his legal authority or constitute an erroneous exercise of that authority, the interest in the protection of the plaintiff's right to be free from the consequences of such action outweighs the interest served by the sovereign immunity doctrine.
The precise manner of overcoming a sovereign immunity defense will depend on the facts and circumstances involved in each case. I am prohibited from gving legal advice, this service provides information of a general legal nature. For further discussion, please see the information at the following link:
