Legal Question in Consumer Law in New York

Hospitality law

In January of 2005, Michael who was a guest of the Moneague Hotel, went to the nurses station complaining of a severe headahce. The doctor contracted to the hotel ( for emergencies only) spoke to Michael but did not examine him. He told Michael to go back to his room as there was nothing wrong. Michael went back to his room, but his pain got worse and he suffered a stroke later that day.

The ambulance was called to take him to the hospital. On the journey, through no fault of the driver, the ambulance skidded and collided into a brick wall. Michael who had not been strapped into the ambulance by the attendant, was thrown out of the rear door on to the ground. On arrival at the hospital it was discovered that Michael had also fractured his spine when he fell from the ambulance. He has now left the hospital but is brain damaged and partially paralysed. It is not known whether the brain damage was caused by the stroke, or the injury to his back, has caused the paralysis, but Michael wishes to claim damages for the paralysis.

Advise Michael in relation to the possible liability of the hotel, doctor and the ambulance attendant/driver.

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