Legal Question in Personal Injury in California
My dad took a nasty fall at Kaiser Hospital around Thanksgiving, resulting in goose egg bump on head with skin scrapping, bloody knee, scuffed palms/elbows and knees. A couple days later, my dad was agonizing in pain when sleeping and/or trying to walk. Kaiser identified that it was a contusion relating to fall but pain level was 10+ and persisted for another week and a half. With drugs, its a constant 5. However, since the agonizing pain, his walking has been impeded and now he uses a walker (not before, he was even exercising including running and tai chi).
I'm in a pickle because I'm suggesting representation just so we have an advocate. I have a POA Health Directive but not sure if it would apply.
His concerns:
- health care would be compromised (explained that he would get better care)
- doesn't want to litigate (per nurse friend, explained that Kaiser has opened up claim with Risk Mgmt and is following his progress... litigation is highly unlikely)
My concerns:
- he has constant pain level of 5, he is not getting better
- his walking is impeded
- he is starting to forget things
I know that there is a statue of limitations so we should be okay for 1-2 years? What should I do? Should I wait?
4 Answers from Attorneys
People who sign up for Kaiser sign Arbitration agreements and give up the right to sue in court. Nevertheless, there are some attorneys who specialize in Kaiser arbitrations. While there do exist legal time limits -- read your Dad's membership agreement -- do not assume that you can wait one or two months, let alone years. Start calling attorneys Tuesday.
This may or be not a situation covered under Medical Malpractice. This could be a garden variety slip and fall case. There are some situations where premises liability at a medical facility fall under med. mal. law in which case you have one year to file a case.
We handle these types of cases all over the State of California. I suggest you call me for a free consultation at 800-816-1529 x.1. You may also go to www.slip-and-fall.net for more information.
Let's forget the legal side of your concern for a moment and concentrate on his declined ability to walk. He has most probably suffered a traumatic brain injury and NEEDS PROMPT neurological and neuropsychological workup starting with a MRI and perhaps a PET scan. If you want your dad's condition to improve or prevent further deterioration you must act fast and be proactive.
Second, why did he fall? If there was nothing wrong with the premises and he simply fell because of his own inattention, then no case. If however, there was some defect with the premises, then get a lawyer so that his interests are protected. I'll be happy to offer a free consultation.
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