Visitor Question

Slip and Fall in a Nursing Home…

Submitted By: Anonymous (USA)

I slipped and fell on a puddle of water and ice while visiting a nursing home. There was numbness and tingling in the fingers of my left hand. The orthopedic doctor diagnosed it as carpal tunnel. There were no broken bones but it was very painful for some time.

I wore a splint for 2 months and continue to wear it at nights. I take between 4 and 8 ibuprofen daily. The numbness and tingling has subsided except at nights or with lifting and sometimes driving.

Could you tell me if I could get a settlement for this and how much I might be able to get? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

While Carpal Tunnel Syndrome is a very real and often painful condition, attempting to convince the nursing home to pay for your medical treatment and out of pocket expenses, such as splints and ibuprofen, will be a herculean task.

The first hurdle will be convincing the nursing home of its liability. Because the rain and ice are considered “Acts of God” by the Courts, you will have to prove the rain and ice were actually on the nursing home property, and that the nursing home had a duty to keep the rain and ice away from its property.

The rain can be immediately ruled out because the nursing home hadn’t a way to control the rain. The ice might be an issue if you can prove the ice was on the property AND directly in the path of a visitor like yourself AND that the nursing home knew the ice had been accumulating AND failed to take any action to melt or otherwise remove the snow.

The second hurdle you will need to surmount is proving that the fall was the direct cause of your Carpal Tunnel Syndrome. Doing so will be extremely difficult unless you can find a physician who examined you and who will testify it is his expert medical opinion your Carpal Tunnel Syndrome was directly and exclusively the cause of your condition.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 30, 2011

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation
array(1) {
  [0]=>
  object(WP_Term)#1835 (11) {
    ["term_id"]=>
    int(615)
    ["name"]=>
    string(44) "Business Property Liability Insurance Claims"
    ["slug"]=>
    string(11) "page_id_394"
    ["term_group"]=>
    int(0)
    ["term_taxonomy_id"]=>
    int(615)
    ["taxonomy"]=>
    string(12) "icc_qa_group"
    ["description"]=>
    string(0) ""
    ["parent"]=>
    int(0)
    ["count"]=>
    int(33)
    ["filter"]=>
    string(3) "raw"
    ["term_order"]=>
    string(3) "339"
  }
}

One thought on “Slip and Fall in a Nursing Home…

  1. What if the fall was caused by a puddle of water and melting ice cubes on the floor in the nursing home because of a broken ice machine?

Leave a Reply

Your email address will not be published. Required fields are marked *