My cousin fell at the doctors office. She's 9 months due anyday now and she got to her doctors office, got out walked around the car and slipped on black ice. Fell and hit her stomach she tried the best she could to hold her self up. The whole staff watched as it happened and ran outside to help her.
She was taken to the hosiptal and was monitored she wasn't bleeding or anything the baby is fine. But she wants to know should she talk to an attorney? I told her yeah...what you think?
2007-03-12 06:26:59 · 30 answers · asked by ♥Miss Self-Sufficient 5 in Pregnancy & Parenting ➔ Pregnancy
she fell on black ice? is it the doctors fault there was black ice?
my father is a criminal defense attorney, and my father-in-law is a personal injury attorney. My husband is a paralegal and I worked at a Law Firm for 3 years. I know that "slip and fall" cases are very hard to prove. The company has to be 100% at fault and it has to be major neglagence on their part.
And black ice is NOT the practioners fault.
and I know that most personal injury attorneys work on a contingency basis (meaning they get paid when you get paid) so it wouldn't hurt to find out! and the inital consultation is always free!so you won't have anything to lose by calling an attorney .. but having one take the case is very unlikely.
*Also, the amount she would be entitled to with the law suit would be about 3x the amount of all the doctor bills. If there is no damage .. then there will be no money.
Maybe $500 for pain and suffering.
The attorneys get their money by tripleing the amount of the doctor bills and saying that's "pain and suffering". The attorney only gets 1/3 of the total (here in california) so there has to be a lot of doctor bills for him to take the case.
good luck! God bless!
2007-03-12 06:34:13 · answer #1 · answered by Anonymous · 1⤊ 3⤋
What is there to sue for? I guess she could ask the doc's office to pay for the hospital bill, but not much else. Does she think she'll have time for a court battle with a newborn? Cuz that answer would be no.
I fell at work when I was 22 weeks preg with twins. Fell directly on my belly. It never occured to me to sue someone for an accident. I mean common, its not like they went out there and poured water on the pavement! Best of luck to her.
2007-03-12 15:18:25 · answer #2 · answered by duckygrl21 5 · 0⤊ 0⤋
No, I don't think so. The baby is fine she is fine just count your blessings, don't be greedy. Accidents happen. My SIL fell on ice at an establishment, she broke her ankle and they refused to call 911, because they said they would be accepting liability. Now that is messed up. They sued for doctor bills because she had three surgeries and no insurance. They also sued for the money it cost to have their children taken care of during this time, but that was it. They didn't get all carried away. At least they took care of your cousin and besides if it was black ice they probably didn't know it was there either.
2007-03-12 13:41:25 · answer #3 · answered by dragonfly7887 4 · 2⤊ 0⤋
What would be the point of the law suit? No one was hurt. She cannot recoup any finacial loss if she had insurance. The insurance company would have to do that. Why are people so sue happy these days? Unless actual injury occured she won't get a dime, judges are sick of these frivolous lawsuits. Like the doctor's office can control the weather?
2007-03-12 13:55:11 · answer #4 · answered by autumnofserenity@sbcglobal.net 4 · 0⤊ 0⤋
That happned outside not in the doctor's office so therefore how is the doctor liable for her fall?
He did not make ice appear on the road. Did he?
She can call a lawyer but i would say they will tell her that she has no case.
I am glad their is nothing wrong with her but she cannot sue.
That would be like me going to the store (it snowing out) and i get out of my car and fall, can i sue the storeowner? NO NO
2007-03-12 13:36:10 · answer #5 · answered by Anonymous · 2⤊ 0⤋
She would only have a case if she was injured or went into labor b/c of it. I agree with the last person satying she'd probably just get her medical bills paid for that day. And if it's covered under her insurance anyway, then what;'s the point? Unless she can just get them to write her a check directly for it, she won't get much out if suing. Not to mention she'd have to find another doctor to deliver her baby and she's already almost at the end of her pregancy
2007-03-12 13:34:22 · answer #6 · answered by nymom 5 · 1⤊ 0⤋
She cannot sue because 1. nothing was wrong and 2. black ice is not the doctor's offices fault. Maybe if everyone quit with the frivolous lawsuits (especially against doctors) our health insurance and doctor bills would not be so high. Cases like this clog up our court systems and waste taxpayers money.
2007-03-12 13:32:50 · answer #7 · answered by Amber 3 · 8⤊ 0⤋
If she isn't hurt then what is the lawsuit for? People sue for damages, injury, wrongful death, etc... If she fell inside of the office then I would say sure sue but this was outside in the parking lot not even in front of the door.
2007-03-12 13:38:58 · answer #8 · answered by Jade 4 · 1⤊ 0⤋
My husband spilled hot coffee on me this morning, should I sue him?
Sorry for being a smarty pants, but really, it would be silly to sue over an accident. The doctor didnt make it ice over, and she could have been more careful. I just think lawsuits are stupid when it is over a complete and total accident.
2007-03-12 13:53:02 · answer #9 · answered by ap54 3 · 2⤊ 0⤋
Why??? She slipped on black ICE...how could anyone have known that was there?
There is no point suing...because who would you go after? God? Mother Nature? Good luck with that!
Goodness, what happened to people accepting that things happen by accident, and not feeling the need to sue?
2007-03-12 13:36:18 · answer #10 · answered by ♥Pamela♥ 7 · 2⤊ 0⤋