Author Topic: Stay with Caution  (Read 6201 times)

Doc

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Stay with Caution
« on: April 26, 2010, 10:35:46 am »
I spent last week on the road as I often do. I checked into a "Hotel" Tuesday afternoon, a handicapped accessible room. Since my Translab, I always request and, have stayed in handicapped accessible rooms primarily for the Safety Handrails in the Bathroom & Shower. No problem to this point.

Wednesday morning while I was preparing to head out for the day, I couldn't help but notice that the sink was clogged very badly and would not drain. As I made my way to the dining room for breakfast, I reported the clog to the front desk. The clerk acknowledged the clog and said it would be reported to maintenance for repair. That evening, I briefly checked the sink before heading out to dinner. The clog had been fixed.

Thursday morning I again went through my morning routine in preparation for the day. After a few minutes at the sink, I felt my toes were getting wet. The pipes below the sink were leaking and, as water does, it followed the path of least resistance in the tile grout lines and had completely surrounded me.  Without looking down or around me, I instinctively stepped back in an attempt to get out of the pooling water. When I did, I slipped and fell, landing on my tailbone and hitting the back of my head on the bathtub, which was directly behind me. I was startled by the fall and like we do, actually looked around to see if anyone was looking (they weren't) and got to my feet as quickly as I could and turned off the water. My head was throbbing pretty good at that point and I had aggravated an old back injury; a herniated disc at L5 & S1. I used a large bath towel to dry the floor and left it on the floor in front of the sink to stop the flow of water while I finished getting ready.

When hotel maintenance cleared the clog, they created a whole new issue by not properly tightening the "pea trap" fittings below the sink causing it to leak. Of course I reported this to the front desk and also completed an incident report with the hotel General Manager. She said that she was surprised this was apparently caused by a person that had been on their maintenance staff for nine years.Satisfied they would properly address the issue I went about my business. To my surprise, when I returned to the room after dinner Thursday evening, the leak hadn't been repaired.

I video taped the leaking underside of the sink and also the wet floor. Friday morning, I reported the unaddressed leak to the Hotel GM. All she could do was apologize and suggest that she'd look into the situation and why it hadn't been addressed by maintenance. Friday afternoon, while I was driving home from the Airport here in Atlanta, I was contacted by the Hotels Insurance Company. The claims agent had many questions for me, including wanting my Social Security Number. I didn't answer any of them, rather informing her that I already secured counsel who would be in touch with them.

I've since edited the video and provided it to the Milwaukee area attorney I found on my iPhone while I was waiting for my flight home on Friday. The attorney tells me at a minimum the hotel is guilty of "Premises Liability (Slip & Fall) - Negligence."  When I spoke to the attorney this morning, she asked if I'd like to sue for damages. I told her to do what she thought was right and proper. She responded by saying "in that case you'll be able to pay off the mortgage on your home when we're done with them. They knew there was a safety issue and did nothing to resolve it, a classic case of negligence!"

By the way, the pipes below the sink weren't wrapped like they're supposed to be in a handicapped accessible room to protect wheel chair bound guests from potential bumping injury and burns from hot pipes.

My back still hurts and the headaches are daily and persistent. I have an appointment to see my Neurosurgeon this afternoon for a checkup.

Watch where you step!

Take Care!
  ;)
Doc

« Last Edit: April 26, 2010, 11:39:29 am by Doc B »
Jul 2009: Left Translab to debulk a 5cm x 5cm AN. Jan 2010: CyberKnife Radio Surgery to combat remaining AN; approximately 3cm.  MRI Jan 12: Good progress. Last MRI Jan 13: All Good! My life got much better when I received my Scleral Lens.

lawmama

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Re: Stay with Caution
« Reply #1 on: April 26, 2010, 10:46:37 am »
You were in a handicapped accessible room and they let that happen?  I am so glad you documented it and called an attorney right away.  That is inexcusable. 

I hope you are ok.  It is frightening to think of what could have happened.  Good luck with your case. 

Lyn
9mm X 7mm tumor (left side), diagnosed 10-15-09
Retrosigmoid on 12-14-09 by Drs. Antonelli and Lewis (my heroes!)
Shands in Gainesville, FL
SSD, but no facial issues.  Mild tinnitus.

Lizard

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Re: Stay with Caution
« Reply #2 on: April 26, 2010, 10:54:31 am »
I'm sorry about your experience, and hopefully your back heals up quickly.  This is just gross negligence and you deserve to be compensated.

Left AN 2.5CM,retrosigmoid 11/2008, second surgery to repair CSF leak. 
Headaches began immediately.  Dr. Ducic occipital nerve resection, December 2011!!!!!

"When you come to the end of your rope, tie a knot and hang on"
-Franklin D. Roosevelt

msmaggie

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Re: Stay with Caution
« Reply #3 on: April 26, 2010, 01:34:09 pm »
Good thing you had the foresight to take pictures!  Good for you...and I'm so sorry you had to suffer a fall.  Keep us in the loop as to how you are doing.
Priscilla
Diagnosed  left AN 8/07/08, 1.9 CM
Surgery 12/10/08 at Methodist Hospital w/Vrabec and Trask for what turned out to be a cpa meningioma.

Jim Scott

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Re: Stay with Caution
« Reply #4 on: April 26, 2010, 02:41:18 pm »
Doc ~

What a terrible experience!  I hope it doesn't cause any lasting physical problems for you. 

Generally, I abhor suing anyone and I think the U.S. tort system is, to be polite about it, misused by many.  However, in this case, the hotel was blatantly negligent by, first, the poor repair on the sink pipe and then, making matters far worse, failing to repair the reported leak in a timely manner in an occupied, 'handicapped' room.  The hotel manager was remiss by not immediately offering to move you to a different, comparable room once she was made aware of the leak problem. Your fall , trauma and possible injuries are directly traceable to the water on the floor caused by the leak, which never should have happened.  Had the leak been repaired on schedule, you would not have fallen.  Had the hotel manager had the good sense to offer to move you to another room when the leak was not promptly repaired, you would not have fallen.  No wonder the attorney you spoke to thinks this will be a  slam-dunk.  It is.  Negligence on the part of the hotel, plain and simple.  The hotel's insurance company will probably try to minimize your fall and any possible injuries and offer you chump change in the hope that yours is a 'nuisance suit'.  It clearly isn't - and you deserve to have any medical bills resulting from this fall paid in full by the hotel and of course, you deserve a financial settlement for yourself.  I'm not an attorney so I won't offer any legal advice, just my sympathy for your bad experience and hope for a good outcome to this incident. 

Jim
4.5 cm AN diagnosed 5/06.  Retrosigmoid surgery 6/06.  Follow-up FSR completed 10/06.  Tumor shrinkage & necrosis noted on last MRI.  Life is good. 

Life is not the way it's supposed to be. It's the way it is.  The way we cope with it is what makes the difference.

Doc

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Re: Stay with Caution
« Reply #5 on: April 26, 2010, 03:12:38 pm »
Thanks all. I'm with you Jim, I'd rather not have to take legal action either, however, they knew the problem existed and did nothing to correct it; that in itself is willful negligence. Had their maintenance person done the job properly, the first time, none of this would have occurred and I'd be writing updates about my eye and not new exploits in our legal systems. For what its worth, the Attorney said the same thing you did Jim, about their insurance provider offering "chum change" to fend off a nuisance  suit. She assured me she won't be deterred by that.

I was in to see the Neurosurgeon earlier this afternoon. He has scheduled a CT, Head and Brain, with and without contrast, along with X-Rays of the Cervical Spine, Flexion and Extension. Obviously he's airing on the side of caution. On the bright side, he did mention that he thought my facial appearance is greatly improved since he last saw me...I was pleased to hear that.

Take Care!
  ;)
Doc
Jul 2009: Left Translab to debulk a 5cm x 5cm AN. Jan 2010: CyberKnife Radio Surgery to combat remaining AN; approximately 3cm.  MRI Jan 12: Good progress. Last MRI Jan 13: All Good! My life got much better when I received my Scleral Lens.

moe

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Re: Stay with Caution
« Reply #6 on: April 29, 2010, 09:07:18 am »

 The attorney tells me at a minimum the hotel is guilty of "Premises Liability (Slip & Fall) - Negligence."  When I spoke to the attorney this morning, she asked if I'd like to sue for damages. I told her to do what she thought was right and proper. She responded by saying "in that case you'll be able to pay off the mortgage on your home when we're done with them. They knew there was a safety issue and did nothing to resolve it, a classic case of negligence!"


Doc,
Ah look what you got yourself into? :o :'(

 I feel very bad for you. I hope the attorney was joking about the "pay off the mortgage stuff." Get compensated yes, but don't go overboard.

 Unfortunately, this is sometimes real life, and there is no tort reform in the new  health care bill that I have heard through all the lovely discussions (oops wrong thread).

Back to YOU- You DO look better, BTW, and I hope there is no exacerbation of your other health issues. The AN and eye thing is enough, thank you very much. I'm glad your neurosurgeon thought the same.

Never trust a handicapped accessible hotel room..I'll remember that!
Maureen
06/06-Translab 3x2.5 vascular L AN- MAMC,Tacoma WA
Facial nerve cut,reanastomosed.Tarsorrhaphy
11/06. Gold weight,tarsorrhaphy reversed
01/08- nerve transposition-(12/7) UW Hospital, Seattle
5/13/10 Gracilis flap surgery UW for smile restoration :)
11/10/10 BAHA 2/23/11 brow lift/canthoplasty

Doc

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Re: Stay with Caution
« Reply #7 on: April 29, 2010, 02:22:50 pm »
Hi Maureen,

Honestly, I hope the lawyer wasn't kidding.

We're not going after the hotel and their insurance provider for personal injury. We're going after them for Negligence in the maintenance of their facility. Wisconsin law provides for individuals to enter properties, private or commercial with the reasonable expectation that said property is safe and well maintained and does not represent a hazard to life and limb. The Hotel clearly wasn't and the accident occurred as a result. A workman's comp claim is being filed by my employer to cover medical costs: Visit w/Neurosurgeon, CT Scan and X-Rays, Visit with Eye Surgeon and finally followup with the Neurosurgeon. All but the Eye Doc and followup with the Neurosurgeon are complete.

There was no lost time; I did not black out and went about a full days work right after the fall.  I'm taking pain killers for an aggravated herniated disc...an old injury. Otherwise I'm able to go about my business (life) normally; an AN patients normal that is!

Take Care!
  ;)
Doc

P.S. Don't get me started on Healthcare, Congress or our one-term President. I know, wrong thread for that.
Jul 2009: Left Translab to debulk a 5cm x 5cm AN. Jan 2010: CyberKnife Radio Surgery to combat remaining AN; approximately 3cm.  MRI Jan 12: Good progress. Last MRI Jan 13: All Good! My life got much better when I received my Scleral Lens.

Sue

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Re: Stay with Caution
« Reply #8 on: April 29, 2010, 04:47:58 pm »
I don't know, but maybe you should have Jim as co-counsel!!

Good luck to you,

Sue in Vancouver, USA
Sue in Vancouver, USA
 2 cm Left side
Diagnosed 3/13/06 GK 4-18-06
Gamma Knife Center of Oregon
My Blog, where you can read my story.


http://suecollins-blog.blogspot.com/2010/02/hello.html


The only good tumor be a dead tumor. Which it's becoming. Necrosis!
Poet Lorry-ate of Goode

moe

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Re: Stay with Caution
« Reply #9 on: April 30, 2010, 08:43:02 am »

 We're going after them for Negligence in the maintenance of their facility. Wisconsin law provides for individuals to enter properties, private or commercial with the reasonable expectation that said property is safe and well maintained and does not represent a hazard to life and limb. The Hotel clearly wasn't and the accident occurred as a result.


Yes, I understand what you are saying.

The hotel really doesn't understand who they were dealing with the  guest who fell in the flooded handicapped bathroom. Go get em ;) Just another thing to add to your "to do" list. >:(
Maureen :)
06/06-Translab 3x2.5 vascular L AN- MAMC,Tacoma WA
Facial nerve cut,reanastomosed.Tarsorrhaphy
11/06. Gold weight,tarsorrhaphy reversed
01/08- nerve transposition-(12/7) UW Hospital, Seattle
5/13/10 Gracilis flap surgery UW for smile restoration :)
11/10/10 BAHA 2/23/11 brow lift/canthoplasty

Doc

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Re: Stay with Caution
« Reply #10 on: September 17, 2015, 02:42:21 pm »
Update: After more than five years of legal wrangling, this lawsuit was settled out of court. The attorney was right, no more mortgage. Which isn’t saying much as it was close to being paid off anyway. I’m getting new sneakers ;D
« Last Edit: September 17, 2015, 04:04:22 pm by Doc B. »
Jul 2009: Left Translab to debulk a 5cm x 5cm AN. Jan 2010: CyberKnife Radio Surgery to combat remaining AN; approximately 3cm.  MRI Jan 12: Good progress. Last MRI Jan 13: All Good! My life got much better when I received my Scleral Lens.

 


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