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Fall from defective wheelchair

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1017B

Member
I was in a rehab/nursing home and fell from a defective wheelchair- (they were aware.)
I was able to reach the call button for help but no one came. I spent about an hour and a 1/2 on the floor and then after calling out still no one came. I slid my body across the floor to a chair that I was finally able to get into. I have discussed this with other attorneys who ask if I was hurt or injured and I say no and they say I don't have a case.
I don't understand how someone can lay on the floor with no assistance.??? and no case?
 


quincy

Senior Member
What was/is defective about the wheelchair?

Were you attempting to get out of the wheelchair when you fell?
 

1017B

Member
What was/is defective about the wheelchair?

Were you attempting to get out of the wheelchair when you fell?
The brakes did not lock which I pointed out on 2 different occasion's. And getting into it from bed made it fly across the Room and me land on the floor.
 

quincy

Senior Member
Thank you for providing your state name.

There could be a claim of negligent supervision on the part of rehab/nursing home, depending on all facts.

You were aware of the defective locking mechanism? Were you supposed to transfer yourself from bed to chair without assistance?
 

1017B

Member
Thank you for providing your state name.

There could be a claim of negligent supervision on the part of rehab/nursing home, depending on all facts. What was defective about the wheelchair, though?
Non locking brakes.
I showed this to 2 different staff persons.
Never received a different chair.
I needed to go to the bathroom..(embarrassing moment ensued) which is why I was trying to use the chair.
 

quincy

Senior Member
Non locking brakes.
I showed this to 2 different staff persons.
Never received a different chair.
I needed to go to the bathroom..(embarrassing moment ensued) which is why I was trying to use the chair.
The call button is used to prevent accidents like you had - and you were aware that the brakes on the wheelchair didn’t lock.

You could have a claim against the rehab/nursing home for not responding to your call for assistance in a timely manner but, if you suffered no injury in the fall, you are unlikely to find an attorney willing to help you with a lawsuit.
 

1017B

Member
The call button is used to prevent accidents like you had - and you were aware that the brakes on the wheelchair didn’t lock.

You could have a claim against the rehab/nursing home for not responding to your call for assistance in a timely manner but, if you suffered no injury in the fall, you are unlikely to find an attorney willing to help you with a lawsuit.
In the length of time I had the non working chair, I was able to hang on to the defective part in place. This time it did not work.
Nice to know patients can fall on the floor, stay there for a length of time, try to slide across the floor to a chair, and....it's my fault?
 

Zigner

Senior Member, Non-Attorney
In the length of time I had the non working chair, I was able to hang on to the defective part in place. This time it did not work.
Nice to know patients can fall on the floor, stay there for a length of time, try to slide across the floor to a chair, and....it's my fault?
Fault (liability) is not the only part of a lawsuit. Even if the nursing home is 100% at fault (liable) for the incident, there also has to be damages. You had no injuries, thus suffered no damages. That's why you don't have a case.
 

quincy

Senior Member
In the length of time I had the non working chair, I was able to hang on to the defective part in place. This time it did not work.
Nice to know patients can fall on the floor, stay there for a length of time, try to slide across the floor to a chair, and....it's my fault?
Nursing home falls are a frequent basis for personal injury lawsuits. These care facilities tend to be woefully understaffed. Failure to respond to call button calls from the patients is a common complaint.

To support a lawsuit, however, you not only need to show that a reasonable standard of care was not met (which is, unfortunately, often easy to do) and that the failure to meet this standard of care was the proximate cause of injury (or death).

Your recourse when you have fallen but have suffered no injury in the fall is to complain vocally and in writing to anyone and everyone who even remotely contributed to your fall (e.g., the rehab center staff, the director of the center).

You might want to take some comfort in the fact that you were not injured.
 

1017B

Member
Sad to be aware that a senior can fall to the floor lay there for an hour and a half, slide across the floor to a chair, painfully climb into the chair and wait.
I feel it is neglect.
 

Zigner

Senior Member, Non-Attorney
Sad to be aware that a senior can fall to the floor lay there for an hour and a half, slide across the floor to a chair, painfully climb into the chair and wait.
I feel it is neglect.
I agree - it absolutely can be considered neglect. But, as we pointed out above, there is not money in it. You were no injured.
 

quincy

Senior Member
It is a form of neglect. The staff did not respond promptly when you called for assistance.

A lawsuit, however, requires damages and embarrassment alone would not be compensable damages.

In addition to complaining to those at the Center, you could also report the rehab center to the State for investigation into its operations.

I wish I could tell you that what happened to you is an anomaly but I am afraid it is not.
 
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