Legal Question in Personal Injury in Massachusetts

elderly mom injured in hospital

we took my mom to the UMass Hospital ER for severe pain in her leg. She got out of her whelchair to use the rest room. The stall door knob was broken and she couldn't get out and I couldn't budge the door. I went out to the hallway for help. A hospital janitor came in and kicked the door in violently with my mom inside. She emerged crying and injured with her left pinky finger spewing blood ,she takes warfarin. They immediatley took her in the ER and stitched my screaming crying 82 year old mom. We finally found an attorney that said he would help and she went for therapy and is still in pain everyday and her finger is permanently bent. Her lawyer said she was going to get around 3 or 4 thousand and I took my mom in to sign papers at his office. She was waiting for the check but INSTEAD she got a letter from MSPRC demanding she pay medicare $1186.78! Her lawyer said not to worry and that he will get them to give her $400.00. I don't understand any of this ,the lawyer said the case wasn't worth much to begin with. Why would UMASS bill her ins.co when they were at fault? Why is she paying ANYONE because a UMASS employee tore her finger open and permanently ruined it while on the job? She lives on social security and is very sick.


Asked on 4/24/09, 9:08 am

2 Answers from Attorneys
Joseph Curran Jr. Curran Desharnais, P.C.

Re: elderly mom injured in hospital

If your mom was injured due to a hospital employee's negligence, then she is entitled to recover damages against the hospital. From the facts presented, it certainly does appear that there may have been some negligence on the part of the janitor.

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Answered on 4/24/09, 3:55 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: elderly mom injured in hospital

As you said, this does not sound like a very big case. The hospital is billing her for the services she required. Your remedy is to sue the hospital for their negligence and recoup your medical expenses.

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Answered on 4/24/09, 9:18 am


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