Slip and Fall in a Nursing Home...

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.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Slip and Fall in a Nursing Home...":

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 an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Comments for Slip and Fall in a Nursing Home...

Click here to add your own comments

slip and fall nursing home
by: Anonymous

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?

Click here to add your own comments

Return to Business Liability Questions.

How Much Is Your Claim Worth?

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

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION