Many slip and falls suffered by the elderly occur where they live -- nursing homes, assisted living facilities and other residences for the elderly.
Slip and falls can have devastating effects upon the elderly. It can lead to serious injury and possible shortening of life expectancy.
Many senior citizens do not pursue claims because they can be afraid the residential facility will seek revenge upon them. Or evict them. Or worse.
Others are reluctant to "cause trouble."
Statistics show that one in four older Americans fall each year, but that over half do not tell their doctor.
Others might not even realize they have the right to seek compensation for the negligence of others, including the owners of the facility in which they live.
Others question how a slip and fall could possibly be the fault of the landowner.
This can be explained in various ways -- falls that occur outside occur often because these facilities are not equipped to handle complex issues like proper snow and ice parking lot snow and ice removal and maintenance. Falls that occur inside can happen in a variety of ways, some involving slip and falls on slippery floors. Others occur because of misguided attempts to help by staff.
One of the more complex issues involving these slip and falls is whether the fall occurred within the facility due to staff care. If the nursing home is considered a "qualified provider," then the act might be restricted to a medical malpractice-type claim. To become a “qualified provider,” entitled to the benefits of the Act, a health care provider must file proof of financial responsibility and pay the surcharge assessed by the Commissioner of Insurance to support the Patient Compensation Fund.
In short, this is not good for a slip and fall victim. The Medical Malpractice Act is a set of laws that requires all claims be submitted to a medical review panel before being allowed to be brought into a court of law. This adds years of delay to a case and requires much more expense.
To determine whether your slip and fall is one that can be brought quickly and easily in state court or must be brought within the structure of the Medical Malpractice Act, you need to see an experienced attorney like the ones at Shaw Law Offices.
Even if your medical bills are covered by Medicare, Indiana law says that you can recover for pain and suffering the overall effect your injury has had upon the quality of your life.
We can help explain the current laws and whether your case will be subject to them.
Contact us today Toll Free at (855) DID-U-FALL / (855) 343-8325 to investigate your Assisted Living Facility slip and fall injury.
We Get You Back on Your Feet.