Deborah Ballantyne, Risk Management Analyst, ECRI

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Legal Perspective: Employee’s Alleged Use of Soiled Scissors Results in Real Harm

A home care client suffered infection and leg amputation after an employee allegedly trimmed dead skin off the client's foot with rusty scissors that had been used to cut off a soiled diaper. In a lawsuit brought against the agency and the employee, the Supreme Court of New York, Appellate Division, First Department, has affirmed denial of the agency's motion for summary judgment, allowing the suit to continue.

The employee used rusty scissors to cut the client's soiled diapers, then used the same scissors to cut dead skin off the client's foot, according to the allegations. The client suffered a foot wound, which became infected. Ultimately, the client required an above-the-knee amputation.

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Topics: Risk Management

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