My grandmother fell while working at Wal-mart.. she couldn't get up and the manager made her leave the premises w/o taking any report of the incident. Well the manger had to wheel her out to the car she was unable to walk...they didn't ask her if she needed a ambulance. So she had to go to ER. There they diagnosed her as only having a deep bruise....4 days later in very bad pain I needed to rush her to another ER..finding out she had a fractured pelvis in two places... Is anybody legally responsible for any neglagence... the hospital for not finding the injury at first.. Walmrt for sending her home without seeking medical attention for her??? Any help will be appriciated.
2006-09-03 18:21:39 · 16 answers · asked by rodriguez980 2 in Politics & Government ➔ Law & Ethics
First, how did she get to the first ER, if she was so badly hurt? At this point, I would say that you do not have a case, UNLESS the second hospital can say with certainty when the injury occurred, which is doubtful. Without a way to show that the broken pelvis occurred at work and not on any of the days in between hospital visits, you have no case. My guess is the first hospital took Xrays which would probably disprove your case. So, I would say that you don't have a case. If the first hospital's Xrays showed she did have a broken pelvis, and it was close enough in time to her leaving Walmart that might help her case. However, unless she suffered a significantly greater injury because she was not treated at the first hospital (which seems not) then she would have no action against the hospital.
If your grandmother had a case it would be for Workman's Compensation against Walmart.
2006-09-05 22:06:11 · answer #1 · answered by rehabob 4 · 0⤊ 0⤋
I agree, the manager should have filed an accident report. In addition, does your grandmother have a gaurantee of medical care from Wal-Mart? If so, you can sue Wal-Mart for negligence and for the manager not following standard procedure. You should also file a complaint to the hospital that you went to because if it were worse, I'd say sue. The same thing happened to me. I went to one ER room and the doctor there claimed that I had a severe allergy attack. I didn't buy it, and a week later, I went to a different ER room and diagnosed me with 1000 mg of antibiotic for my kidneys. Now, something is wrong with me, and I have to go to a eurologist. However, if it's not so bad as taking medicine every day or having to have surgery, I won't sue, though I would love to. *Having problems with convincing my family.* In any case, it is both the hospital and the manager's fault.
2006-09-03 18:33:07 · answer #2 · answered by Anonymous · 1⤊ 0⤋
OMG! What your grandmother's supervisor did was not only beyond illegal, it was just plain unethical. An employee first has to report the injury to their supervisor, which your grandmother did, because he saw her fall and scooped her up. And why or why????? Why, would this azzhole move an old lady like your grandmother. She should have been stablized and an ambulance called. The fact that her supervisor picked her up and dumped and in a wheelchair and rolled her out of there could have made the injury worse!!! Next, the supervisor should have helped her fill out a Workers' Compensation Accident/Injury Report form. He is next supposed to advise her to seek medical treatment, or like I just mentioned, he should have called an ambulance. Next, her supervisor should have contacted the hospital and told her supervisor that ALL OF HER TREATMENT is to be covered under Workers' Compensation. The supervisor is to insure that the Workers' Compensation Accident/Injury Report form is completed and forwarded to the Wal-Mart Headquarters asap!!! It is also important for him to identify any known witnesses to the accident/injury in case this accident becomes a legal issue. I would have your grandmother contact the head Manager at the particular Wal-Mart that she works at, and discuss the situation. Have her inform them of the forms, because she is not to pay for ANYTHING!!!! If they give her a hard time and start bullsh*tt*ng her, (which they probably will), tell her to inform them that she will be contacting the regional manager of Wal-Mart along with Wal-Mart headquarters, will be seeking an attorney to pursue the matter further, AND tell your grandmother to contact the MEDIA! You know Wal-Mart works their employees long hours, and some stores were called upon by the media for not giving employees a lunch break. There was one in Pennsylvania and Florida that exclusively hired illegal immigrants. Wal-Mart is bad for America. But, they hate negative media attention. They hate to look like the bad guy. Therefore, have your mother contact the media if she doesn't get anywhere with store management. You would be surprised how quickly Wal-Mart headquarters in Benton, AK will bend over backwards to give your grandmother everything she needs and deserves, so this matter will be quickly brushed under the rug! This is why I shop at Target. I hate Wal-Mart. Best wishes to your grandmother for a speedy recovery!
2006-09-03 18:40:14 · answer #3 · answered by adjoadjo 6 · 0⤊ 0⤋
In addition to what the others said, your grandmother should be seeking legal help quickly so as to get any CCTV tapes preserved before they can be erased.
This is more than workers' compensation -- this looks like battery by the manager. Wal-Mart's insurer will be all over the case.
Do not accept any settlement without a diagnosis of potential future problems. "Slip and fall" cases are a legal specialty.
2006-09-03 19:43:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You should contact the state labor department. Workplace injuries should be reported. If your grandmother was working there, she is entitled to collect Workers' Compensation, for the injuries she sustained while working on the premises. You should contact the Worker's Compensation board to report the injury and collect benefits for your grandmother, but also report the actions of the Walmart manager.
The hospital may only be partially responsible if they misdiagnosed your grandmother, but you probably would not get much for only 4 days of pain and suffering. What caused the actually fall? If it was Walmart, this is usually covered under Workers' Comp and not under negligence.
2006-09-03 18:28:41 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If she didn't fill out the paperwork she will have a hard time making Wal mart responsible. She needs to talk to someone at the corporate office ASAP!
As far as the ER, I really don't know what you can do about that. I would call a lawyer.
2006-09-03 18:24:50 · answer #6 · answered by mommato4boys 3 · 1⤊ 0⤋
First of all Walmart is responsible for not helping her through this. However i don't think you will be able to get anything more from Walmart than workers compensation. And as for the hospital i don't think that they were at fault because she could have just weakened her pelvis then broke it completely through days later and the hospital cant diagnose what isn't there.
2006-09-03 18:30:25 · answer #7 · answered by Anonymous · 1⤊ 0⤋
oh yes you find a lawyer and go hard.
Walmart you might get shut up money it will be embarrassing for them, i have no doubt the manager will say your grand mother asked to be taken out.
the first er doesn't have to always right , just not negligent. I would suggest that missing a fractured pelvis will be difficult not admit liability.
go hard , find a lawyer
2006-09-03 18:30:01 · answer #8 · answered by brinlarrr 5 · 1⤊ 0⤋
Manager should have filled out an accident report, Know I think you need to fine a witness you saw what happened. And then go to the manager
2006-09-03 18:34:42 · answer #9 · answered by robert d 4 · 0⤊ 0⤋
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2006-09-04 08:17:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋