This morning I am working on a case involving a fractured leg. My wheelchair bound client went to go see her primary care physician for a checkup. When you go to the doctor they always weigh you. At this particular facility the weighing station had a bar on the wall so that patients could get onto the scale. The allegations in this lawsuit are basically two fold: 1) if you are weighing elderly people at a facility specifically for the elderly and frail you should have a wheelchair scale; and 2) if you don’t have a wheelchair scale you need to implement a system where the elderly and frail are appropriately helped up so as to avoid injury.
Appropriate Care To Prevent Slip and Fall
My client is frail, elderly, wheelchair bound, previously injured, and weighs over two hundred and twenty pounds. They basically rolled her up to the scale with one nurse and tried to get her on the scale. The nurse did not go to my clients weaker, previously injured side. If properly trained you assist the weaker side. The nurse also didn’t ask anyone else for help despite my client being frail, elderly, wheelchair bound, previously injured and weighing over two hundred and twenty pounds.
Injuries Sustained By Slip And Fall
You already know what happens next. She tries to get on the scale and collapses. The nurse isn’t strong enough (on her own) to prevent my client from falling and fracturing her leg. Very tragic set of facts and a preventable injury if the facility used a wheelchair scale OR implemented the appropriate protocol to assist my client and avoid injury. Instead, they basically just had one nurse deal with a situation. The nurse should have asked for help and been given help.
I had to file a lawsuit on this case. The insurance company and defendant for the other side denied liability. There is a video of the entire incident. Along with my expert testimony I plan to play that video to the jury.
I have tried a lot of premises liability cases. My favorite ones have videos. If I was the doctors office I would not want the video made public, but that is a whole different story. Hopefully the defendant comes to their senses and offers a reasoanable sum to resolve this case. If not, I’ll try it.
Brian Dettman at Dettman Law in Louisville, Kentucky works on a variety of premises liabiltiy and slip and fall cases. Consultations are always free and Brian can be reached at bdettman@dettmanlawgroup.com
