Legal Question in Personal Injury in California
a freind of mine was attending a routine neurology appointment at the valley medical centre in san jose , when she experienced serveer muscle cramps, and could not walk properly she asked to be taken to the emergency room and ask for a ambulance . she was told she couldnt have one she walks with a wheeled walking device that has a seat for resting on wen she gets tired. a hospital employee said she would take her to the er . but that did not have a wheelchair and did not attempt to call an orderly to bring one . instead my freind was told to sit on her walker and the hospital empoyee would push her to er in it .it is not designed for this purpose and on the way to the er there was an accident and the walker tipped backwards with my freind hitting her head on concrete she suffered a concussion and neck injury . is this a case of neglagence by the hospital employee as surely she should know the purpose of a walker such as the one my freind uses.
4 Answers from Attorneys
It would seem that the attendant was negligent as he should have known an accident might occur. If this is a public owned facility, she would have to file a claim within 180 days of the accident. Under the circumstances, she does not need an experienced medical mal-practice attorney, a good tort attorney is full qualified to handle the matter.
Yes, it appears to be negligence. It would depend on whether your friend did anything to contribute tot he walker tipping over. If you are near Sacramento, I could help.
My firm does medical malpractice and negligence cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.
I think that based upon the facts this could be a great case. I look forward to hearing from you.
Norm
It is a case of negligence if the hospital employee pushing your friend in the walker caused her (and thw walker) to fall back onto the concrete. The employee owed a duty of care to make sure that the walker remained stable and not fall over. As suggested the walker probably should not have been used this way and a wheel chair should have been provided and if none was available then a gurney should have been providen since your friend cold not walk well and was in pain. I hope this helps. Bob
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