We recently settled a claim for our client, Rusty, who suffered a fall from a chair at a pathology collection centre. Rusty was an elderly gentleman in his nineties. He was in good health, lived independently in his own home, and held a current unrestricted NSW driver licence.
Rusty had attended the pathology collection centre for a biopsy of a lesion on his neck. A nurse escorted him into a room and instructed him to get up into the collection chair. The chair was situated on a platform and did not have handrails. The nurse did not offer Rusty any assistance with getting up into the chair. As Rusty was trying to access the chair, he fell backwards landing heavily on his back and suffered multiple fractures of his pelvis.
Rusty endured a lengthy hospital stay with intensive rehabilitation, following which he was unable to continue to live independently or drive. He was forced to sell his home and move into an aged care facility where he required a high level of care, given the frail and deconditioned state he was in after the accident. These events had a significant psychological impact on Rusty as well.
We were able to obtain expert evidence from a registered nurse to support Rusty’s claim that he should have been supervised and assisted to access the collection chair or, alternatively, should have been offered a chair at ground level which would have been more suitable for an elderly patient. We were also able to obtain expert evidence from a geriatrician who considered that Rusty’s high care needs and depression were a direct result of his fractured pelvis and lengthy hospital stay.
We pressed for expedited settlement negotiations in Rusty’s matter given his age and health condition. We were able to successfully negotiate a settlement for him which compensated him for his out-of-pocket expenses, future treatment needs, the cost of his residency and supports at the aged care facility, and his loss of enjoyment of life.
If you or someone you know has suffered injury as a result of a fall in a public place or as an invitee, we would be pleased to meet with you to discuss your options on a no-win no-fee basis. Please contact our friendly team on 02 4050 0330 to make an appointment with one of our specialist personal injury solicitors.
