Federal suit filed in fight over Horseheads man's care

Federal suit filed in fight over Horseheads man's care


 Wife claims his civil rights violated

8:05 PM, Nov. 16, 2011

A Horseheads woman who has sought guardianship of her brain-injured husband filed a civil suit this week claiming his civil rights have been violated.

Sara Harvey filed the lawsuit Monday in U.S. District Court for the New York Western District in Rochester on behalf of her husband, Gary Harvey, described in court papers as a neurologically and physically incapacitated adult. She is seeking a jury trial.

Gary Harvey suffered a traumatic brain injury following a heart attack and subsequent fall down a flight of stairs in January 2006 and remains in a persistent vegetative state.

Sara Harvey had sought legal guardianship of her husband, but the county Department of Social Services was appointed as his legal guardian indefinitely.

Harvey has said her husband has suffered under significantly inadequate care, and she fought in state Supreme Court for guardianship.

Among its charges, the federal suit alleges rehabilitation was not sought for Gary Harvey; his wife was not kept updated on his medical treatment or condition; he was deprived of an independent second medical opinion and evaluation; he was deprived of liberty without the due process of law; he was not protected against abuse, neglect, exploitation, conflicts of interest, fiduciary fraud and breeches of fiduciary duty; and he was not provided with family rehabilitative programs and discharge plans.

Sara Harvey is seeking a second medical opinion, unrestricted visits with her husband, removal of a guard in her husband's room during visiting hours, access to his medical records, returning him home, restoring his rights and seeking an unspecified amount in damages, according to the lawsuit.

Listed among the defendants are Gary Harvey's court-appointed lawyer, his court-appointed guardian, his designated guardian and the residential service provider, according to the lawsuit.
 
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http://www.stargazette.com/article/20111116/NEWS01/111160352/Federal-suit-filed-fight-over-Horseheads-man-s-care?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE