Mom broke her arm in 2 places because the walker she was provided broke and lost a wheel causing her to fall. I have consulted two attorneys about compensating her for medical expenses and both have declined. Should I continue to pursue what I see as a righteous case?
Who provided the walker? I she in a facility? They are ultimately responsible for her fall, since it's up to them to keep equipment in safe operating order.
If that's the case, I'd check with them first and see what they may offer you. Maybe they will take responsibility--maybe not. Are you seeking financial remuneration to 'make you whole' as it were? Or just to teach someone a lesson.
I'm sorry for your mom, that must have been maddening and painful both. Adding a lawsuit to it may make you both more frustrated. IDK
Medmal lawsuits are a real pain. Lawyers know up front whether they have a 'good case' or not. They work on contingency and if they think you have a case that may not even net them their overhead, they will not take it. It's not about whether it's a case with merit, it's about the end payout.
When my DH developed a systemic infection post surgery after his liver transplant and nearly died due to the Dr. leaving a gauze pad in him---we certainly DID have a case.....but, we were so torn. This selfsame doctor had just saved his life with a transplant--a miracle in itself. We opted to not do anything, the emotional toll of what we'd been through and were still going through--to add legal wrangling to it wasn't worth it.
Take a beat----see how mom does and don't make any hasty decisions. If 2 lawyers have turned you down, that's a pretty good indications that you really don't have a 'winnable' case.
NOT that they're not at fault, just, not winnable. I'm sorry.
Some other questions that would be raised in consideration of taking the case:
1. How has this accident affected her ability to walk? Has it been compromised permanently, or has she recovered? This aspect would help in assessing potential damages.
Is her arm healing? Beyond pain and suffering, are there any permanent damages to her arms, or her legs or feet?
2. Who provided the walker, and was this entity responsible? If this was in rehab or other facility, read the admission papers very, very carefully. It wouldn't surprise me if there's a hidden exculpatory clause relieving the facility of liability.
3. Following on no. 2, if this was in a facility, it does have an obligation to ensure the equipment is safe. How did the walker break and how was the wheel lost? Did a nut or something come loose and the wheel slipped off?
I don't deny this is distressing; in fact it makes me angry to think that the walker apparently wasn't maintained. But it hopefully hasn't created long term damage or injury.
If there's a facility or company involved, I would raise it with them. If they don't respond you can always play the social media game and state that you may consider posting on a site where others can read about the situation. Don't threaten, just hint.
Or, and this is what I would do: research the facility, company, owner, and any franchise if that's involved, then contact the head honchos and advise of your dissatisfaction, perhaps hinting that you'll feel obligated to share the information with other people in your mother's situation. Company execs may be more attuned to the potential of bad publicity and may be more responsive.
How is your mother handling this? Is she in pain? Healing well? Has any mention been made of offsets of monthly rentals, etc.? Did the facility pay for the medical expenses, or was that covered by her insurance?