I was in a rehabilitation facility for PT due to open heart surgery, and while there was "forgotten" in the shower by an aide. I was not able to get out or to do much for myself, so I was in there for about 30-40 minutes until the an aide coming to the next shift found me.
A few nights later I needed assistance and I waited almost 20 minutes until someone responded to my call.
Is this a claim I should pursue? I would hate to see anyone else have to go thru this. Also, if so is there a statute of limitations?
I believe you have to determine what your damages are. Waiting for 30-40 minutes and then waiting for 20 minutes? It's difficult to place a dollar amount on damages for your waiting time. If there were no injuries or other damages received, you may be hard-pressed to find an attorney who will take such a case.
Is your goal to recover damages or merely to alert those in charge so that other patients do not find themselves in the same position. There are two distinct objectives.
In order to ascertain your rights, I strongly advise you to meet with a local health care/malpractice attorney to review all of the pertinent facts and ascertain exactly what you may/may not be entitled to.
Best of luck.
I agree with my colleague, as the damages that might be construed and calculated out of a 30 to 40 minute period of being stuck in a shower may not be sufficient to predicate an action by contingency for pain and suffering and any injury that may have occurred, unless there was some fall that resulted causing severe injury, which of course I hope did not happen. That goes the same for the situation requiring a 20 minute wait.
While, as my colleague states on the other side of the legal claims, should you want to pursue some type of injunctive or declaratory action to avoid the situation reoccurring, while that would be honorable of you to stop further deficiencies, it may very well be costly in attorney's fees and costs to pursue.
As far as the statute of limitations, and what rights and remedies you may be entitled to seek against the facility, you need to consult with an attorney who has experience in hospital/rehab negligence cases.
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