Sue or Not?

[braumeister]

I've read that people with osteoporosis can suffer broken bones from the stress of use, which causes them to fall.

Very true.
Common statement: She fell and broke her hip.
Actual event: Her hip broke so she fell.

 

[travelover]

.........On thing I try to do every day is walk about 30 feet in a straight line, one foot directly ahead of and touching the other foot.......... .

This is great practice for when the cops pull you over, too.

 

[harley]

On thing I try to do every day is walk about 30 feet in a straight line, one foot directly ahead of and touching the other foot.

This is great practice for when the cops pull you over, too.

I'm still pretty good at saying the alphabet backwards from all the practice in my wilder days.

A few years ago DW and I were taking a Tai Chi class at the Y. The teacher also offered a class in balance for seniors. DW started doing it and told me I should too. I sneered and went swimming instead. Then one day when I couldn't swim for some reason I forget, I went to the class with her. It was pretty easy, stand on one foot, then raise the other in front of you, then put your arms out to the side, etc. I was a little wobbly, but I could do it. The she had us stand on one foot for a few seconds, then close our eyes. Bam! Down I went. I could not stay on one foot with my eyes closed to save my life. I've practiced this off and on for the past few years, and I'm a little better. But it's still hard. Balance is important, and we tend to take it for granted.

She also said to walk on your forward balls of your feet. She did the "old people's walk" where you are on your heels and leaning forward (bent back). Straightening up and walking on the balls of your feet help your balance a lot.

 

[W2R]

+1

Sadly, falling is often a part of getting old.

+1

I vote no, don't sue.

Falling frequently, even when they are bad falls, can be part of aging for some women (including me). It's sad but it happens a lot.

My suggestion is that she should use a walker from now on. This may help to prevent some falls. Also she should tell her doctor and find out if any of her medications (such as blood pressure medication, if she takes any) might be contributing to her falls.

 

[MRG]

I'm still pretty good at saying the alphabet backwards from all the practice in my wilder days.

A few years ago DW and I were taking a Tai Chi class at the Y. The teacher also offered a class in balance for seniors. DW started doing it and told me I should too. I sneered and went swimming instead. Then one day when I couldn't swim for some reason I forget, I went to the class with her. It was pretty easy, stand on one foot, then raise the other in front of you, then put your arms out to the side, etc. I was a little wobbly, but I could do it. The she had us stand on one foot for a few seconds, then close our eyes. Bam! Down I went. I could not stay on one foot with my eyes closed to save my life. I've practiced this off and on for the past few years, and I'm a little better. But it's still hard. Balance is important, and we tend to take it for granted.

She also said to walk on your forward balls of your feet. She did the "old people's walk" where you are on your heels and leaning forward (bent back). Straightening up and walking on the balls of your feet help your balance a lot.

I spent months in Balance therapy to get my balance back. Oh that was aweful.

You are correct. I was taught balance comes from our vestibular system(inner ear), sight, and any part touching the ground. The therapist deprived me of sight and one foot, Wow! Instant crash.

A good safe exercise is to stand one footed if you are waiting in line with a cart. If you don't touch it, zero help. As little as one finger can instantly stabilize you. Balance can get worse with age. At one time my therapist suggested adding workouts for core strength to me. It helped. I actually found a use for the Wii we owned too. There's some pretty good exercises in the game.

 

[MarieIG]

I think it's too late now but i'm wondering if my Grandmother should have sued and what you would do. A little over 3 years ago my Grandmother tripped over the steel plate below the sliding door at the grocery store and broke her hip. I'm not sure there was any negligence on the stores part but she probably still could have sued. Should she have? About 8 months ago she went to the hospital for an unrelated leg injury. After getting treatment, she fell while walking out of the waiting room area and no staff offered to help her or see if she was ok. She just went home. The next day she couldn't get out of bed. She used her life alert and went to the hospital where they discovered she broke her back in three places. She says it could only have happened during her fall at the hospital. She decided not to pursue damages against the hospital. Should she have. What would you do? Is it too late to do anything about it now? She is partially paralyzed from the surgery to "fix" her broken back.

Store incident: There is a potential statute of limitations issue. I don't know enough about the incident to assess whether there was negligence on the part of the store and don't endorse bringing lawsuits absent negligence.

Hospital: Again, I don't know enough about the incident to assess whether there was any negligence on the part of the hospital. It would have been nice if she had a family member who took her to the hospital for her leg, and was carefully walking her out.

 

[Aerides]

Voting no. Your rights to sue probably expired at 3 years, depending on state and the claim.

But besides, in neither case does there appear to be an oversight on the part of the facilities that caused her to fall; no easily corrected or avoided condition or negligence which was the reason she fell to start with. In both cases, it appears she would have fallen no matter where, and both could have just as easily occurred at home, or anywhere else.

Even in the 2nd case, your main issue is their lack of response.. but we don't know from your description if that was the staff being negligent and callous (ie, sue-worthy), or simply didn't see. It's totally reasonable to expect that, had they noticed and gotten her to her feet, she'd still have insisted she was fine and gone home.

As sad as her situation is, when discussing it with her, I'd focus more on ways she can better improve from here - how to enjoy her remaining time, vs. looking back and shoulda/woulda.

 

[braumeister]

when discussing it with her, I'd focus more on ways she can better improve from here - how to enjoy her remaining time, vs. looking back and shoulda/woulda.

Agree. There's a good reason you see many older people using walkers -- they can be extremely helpful.

 

[Texas Proud]

One thing that my nurse sister said awhile back is that a number of people say that their elder relative fell and broke a hip... in reality they were frail and the hip broke and then they fell... I do not know the % of this happening, but found it interesting when she said this...

 

[haha]

Everybody seems to be both doctors and lawyers. Don't pay any attention to what is said here, go see a known effective personal injury lawyer and get his evaluation of her case. When i was hit by a drunk driver (in my car), I called a few defense attorneys and asked who they really hated to go against in court. Then I hired one of these people. An attorney can find all kinds of violations and red flags in whatever caused your injury, just like your wife can find all kinds of issues with your behavior. Facts are not immutable, they depend on the telling and who is telling.

Ha

 

[Mr._Graybeard]

I would agree that a consultation with an injury lawyer would reveal a lot about the viability of a case. The first visit is usually free, and since they generally work for a share of the award, their bottom line will determine whether they're willing to go forward.

 

[redduck]

I didn't see in the thread how old Grandma is. But, if she's elderly and unwell, she may never live to see the award (assuming she receives one). Going to court (actually, just being involved in depositions) are nerve wracking for anyone, but especially for the old and infirm. Additionally, Grandma has already fallen down two times that we know of. And, there is always the problem of the personal injury attorney selling Grandma out and taking a small settlement which in any case the doctors and lawyer gets their fees and Grandma gets what's left.

 

[grasshopper]

Just curious OP did you sue your company for the forklift accident.

 

[aaronc879]

Just curious OP did you sue your company for the forklift accident.

No, I didn't. I was at fault so i'm just glad I didn't get fired. Nothing to sue them for. I am now back to work without restrictions and I was able to join the union in late October.

 

[grasshopper]

No, I didn't. I was at fault so i'm just glad I didn't get fired. Nothing to sue them for. I am now back to work without restrictions and I was able to join the union in late October.

Glad your recovery went so well, and the union should help you in the future.

 

[aaronc879]

Glad your recovery went so well, and the union should help you in the future.

I'm technically off restrictions but i'm only about 80% of where I was before the injury. I still have pain every day. That may never go away. I'm just glad I was able to get back to work to make a living.

 

[joeea]

Don't pay any attention to what is said here, go see a known effective personal injury lawyer and get his evaluation of her case.

With all due respect, it might make more sense to ask Grandma what she wants to do first, rather than go all litigious on her behalf without permission.

You can always hire an ambulance chaser later if that's what she prefers.

 

[SJ1_]

U should talk to a lawyer for advise to see if u have a case

+1

Hopefully you know someone who can recommend a good one.