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NYFamilyAttorney, Lawyer
Category: Personal Injury Law
Satisfied Customers: 576
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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I had a stroke in February, I am a disabled veteran. In march

Customer Question

I had a stroke in February, I am a disabled veteran. In march 2016, I was an inpatient the VA hospital. I tripped on a laundry basket in the restroom, and fell and hit the door frame with my head and neck. I had a ct scan and MRI, which indicated that I had injured my second vertebrae. Doctors wanted to do an emergency surgery on my neck, but could not due to me being a high risk for another stroke. So they told me I would have to wait at least nine months. My therapists and nurses told me that I was under 24 hour care and was to never be left alone in the shower or the toilet, because I was a fall risk. My nurse that day left me in the toilet alone and left my room, so I tried to get up myself and tripped and fell, thereby causing the injury. So sources at the hospital told me that I can hold the VA liable for my injuries. Even the nurse that was watching me that day stated he was going to be fired for leaving me alone.
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No. My name is***** -(###) ###-#### ***** is where you can reach me.
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else the Lawyer should be aware of?
Customer: There was nothing wrong with my right arm, shoulder and neck until I tripped and fell. Now I have to take strong pain medications, due to the pain on my right side causing paralysis. I can't sleep, eat, or any movement is unbearable. I was discharged April 14, 2016, even though my therapist disagreed with doctor's discharge. Therapists stated that I was not physically ready to come home.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Personal Injury Law
Expert:  NYFamilyAttorney replied 6 months ago.
Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. By continuing, you confirm that you understand and agree to these terms. Oh, keep in mind that at the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Thanks!
Expert:  NYFamilyAttorney replied 6 months ago.
I am so sorry for your injuries. That is awful by itself, let alone with the stroke that you had. From what you are telling me, it seems you have a case against the VA for negligence. If they were supposed to be watching you 24/7, then they did not do that. As a result, that caused you to trip and fall, causing damage to your arm, shoulder and neck. Those are your damages, and now you have to take strong pain medications. The paralysis is also part of the damage that you sustained, as is being unable to sleep, eat or move. It's horrible, and I'm so sorry you're going through this. In addition, being discharged prematurely may be negligent as well. Because of this, you should consult with a personal injury attorney or medical malpractice attorney. It appears you have a case against the VA, and yes, the VA can be sued. They have a duty to provide you with a safe place (the hospital) and to make sure you are safe during your stay. If they were supposed to watch you for 24 hours a day and they did not, then they are negligent. Your best bet would be to consult with a personal injury or medical malpractice attorney. You're in Texas? If you are near a big city, then you can try to find someone in that city who you can discuss your case with. Ask for a FREE consultation. If you are not near a big city, you should call law firms in the nearest big city and tell them your situation. Maybe they may have someone come to you. Even if you live in a big city, you can ask if they will come to you. Some malpractice and personal injury attorneys will do that. See if you can find anyone who takes cases against the VA. Make sure you specify that you want to sue the VA, because not everyone will take a case against the VA.
Expert:  NYFamilyAttorney replied 6 months ago.
I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Please accept my answer, rate my answer and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you and best of luck to you!

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