7 replies to this topic

[Stand]

I was in the hospital to get my tracheostomy removed and some overweight, overconfident, wannabe tough guy decided he would be able to lift me up himself and transfer me into bed. He first tried using a hoyer lift, which batteries died. He then retrieved another one only to put the sling completely upside down like it was his first time. He gave up and asked me what I weighed. I told him 150 pounds and he said no problem, he could pick me up himself. At this time I was unaware that hospital protocol requires two people to be present at the time of a transfer with the lift, which there was not. I also didn't think twice about him doing it himself because he made it seem like it was no big deal.

Turns out I have a sublexation in my shoulder and experience pain quite often. It actually keeps me from going some of my rehab to the extent that I should be able to do. I know that guy's name and from what I've been told, I have up to three years to act on it. This February 2 was one year. I have it pretty well documented that I have experienced pain, as well as the x-rays that were taken after the fact.

Does anyone think that I should do something about this? Do I have solid ground to stand on, figuratively speaking :-)? I would love anybody's input. I really appreciate it.

[wheeliebear75]

I for one am clueless.

[Tetracyclone]

Most appropriate course is to document the events in a letter to the hospital administrator. At least get the guy fired.

If your insurance is covering your care no amount of money will fix your shoulder.

[Soryfam]

I would double check how long you have. Here in Colorado the lawyers emphasized to me that I had just one year to file suit against a doctor/hospital, etc.

Hope the shoulder heals swiftly.

Sandy

[Ratticis]

You definitly shoulkd at least consult a lawyer. Sounds like you have a decent case. Depends where you are as to how long you have. I know (through personal experience) here in Alberta you have up to 2 years to file, then 1 year to follow up with that. The sooner you act the better. Good luck

[twentieth]

You should immediately consult a personal injury trial lawyer who handles medical malpractice. Preferably in the County where the offending hospital/clinic is located. The Statute of Limitations (the rule of law in your State which states the time limit you have to file a lawsuit) can be trickey. Sometimes there are different time limits and notice requirements if, for example, the potential defendant is a county or charity hospital.

Again, you should immediately contact a Plaintiff's attorney who handles medical malpractice. They should not charge you to have a detailed consultation about the merits of your case (i.e. there is no downside to contacting and consulting with an attorney). Personal Injury attorneys work on a contingency fee and should never ask you to "pay" anything out of pocket. Their fee is "contingent" upon making a recovery on your behalf and will be a percentage of that recovery.

Contrary to popular belief and because of the contingency fee system, personal injury lawyers will rarely accept frivolous lawsuits because their recovery is contingent on a successful outcome.
Good Luck!

[qbounce]

I thought it was one year as well to act on a personal injury suit.
In between a years time, you could have easily made matters worse through other maneuvers, so proving your case was caused by something a year ago might be a difficult feet at best.

I would say you really don't have a very good case as you've already sat one year doing nothing until now.
The most reliable cases are the ones filed in a timely manner.

[lavenderthistle]

Any misgivings/questions at all on your part, then jump on it ASAP!! Waiting will only make it look worse.

I agree with Q that in a year's time anything else could have added to the mix...not saying that you are an addled klutz doing wild and crazy hand stands

Thusly agreeing with Twentieth you should seek the most reputable medical malpractice law office in your area to compile and document your condition and prove you were incapable of doing handstands due to the nature of the injury.


Courts are scary twisted things and I try to avoid them at all costs...

my 2 cents...they messed up, you have proof...try for some remuneration from this.