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.
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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.
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