Zucker v. Axelrod

Determination unanimously confirmed and petition dismissed without costs. Memorandum: Petitioner, a licensed physical therapist, was charged with patient neglect for refusing to allow an 82-year-old nursing home patient to go to the bathroom before starting his therapy treatment session. At a hearing conducted pursuant to 10 NYCRR part 81, the undisputed evidence showed that petitioner refused to allow the patient to be excused for toileting; that she insisted he had to stand at the parallel bars before he could be excused; and that the patient urinated while being assisted to stand at the…