QUESTION
Is it possible to collect damages to pay for current/future assisted living expenses due to the injury?
Asked on Oct 28th, 2015 on Personal Injury - Michigan
More details to this question:
After a knee replacement surgery, my 79-year old mother was over-medicated with a narcotic drug for pain and fell while in rehab. She broke her leg (the one with the new knee) in two places, and the staff continued to do PT on her knee before her broken leg was set. As a result, my mother's leg was irreparably damaged and she underwent two subsequent surgeries to replace the first knee replacement with two titanium rods and a new knee apparatus. Although she was living independently prior to surgery, she will now need to move into assisted living due to restricted mobility. Is this medical negligence, malpractice or personal injury?
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Quite possibly but the details are necessary. See an attorney immediately as the time limitations for making a claim are short.
Answered on Nov 09th, 2015 at 9:23 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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In Michigan, anything that occurs within the context of health care, is medical malpractice. There is a case that suggests that it is personal injury. A prudent lawyer would not proceed in that manner. Negligence in the context of health care is medical malpractice. A resident should never be dropped and your mother has an excellent case.
Answered on Nov 09th, 2015 at 8:39 AM
Ronald A. Steinberg
You will need "competent" (using the legal meaning) medical testimony to establish the present value of the future medical and other ancillary expenses. So the short answer is "YES."
Answered on Nov 09th, 2015 at 8:39 AM