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Guardianship Dispute

Reported by: Sofia Ojeda
Email: sojeda@wetmtv.com
Last Update: 11/03 6:28 pm
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File (AP) (WETM TV)
File (AP) (WETM TV)

New york State Supreme Court has granted a Horseheads woman access to her husband's medical records.

The man's wife, Sara Harvey, is fighting to take back custody over him from the Chemung County Department of Social Services.

58 year old Gary Harvey has been in and out of a vegetative state since he suffered a brain injury in 2006.

Sara Harvey says her husband was not being properly cared for at the Chemung County Nursing Facility.

She says workers there were abusive to her husband.

A State Supreme Court judge recently gave Harvey access to his medical records.

She hopes to use them to prove her allegations.

In 2006, Gary Harvey fell down the family's basement steps.

He suffered a brain injury that put him in the hospital and left him in a vegetative state.

Sara says for years health care workers have put Gary in danger with their unsafe practices.

She's now fighting Chemung County in State Supreme Court for rights to his guardianship.

Sara says, "He's still alive, he's a human. Convicted murderers have more rights than he does. I want my husband home, that's all I ever wanted. I want the community to know about the abuse."

Chemung County Department of Social Services is currently Gary's guardian.

The County said Sara is not suited to care for her husband after she cut her husband's trachea tube in 2006.

Sara said it was bothering her husband, so she tended to it herself.

Chemung County attorney Bryan Maggs said he could not discuss Gary Harvey's case because of patient confidentiality.




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