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$________ CONFIDENTIAL – Rehabilitation Facility Negligence – Failure to Provide Proper Care Plan – Plaintiff slipped from the chair while trying to reposition herself when staff did not respond – Comminuted fracture of right patella.

Middlesex County, MA

In this negligence matter, the plaintiff alleged that the defendant facility was negligent in failing to properly care for the plaintiff, resulting in her falling from an undersized wheelchair. The plaintiff suffered a fractured patella as a result of the incident. The defendant denied the plaintiff requested assistance via the call button, and opined that the wheelchair she was situated in was proper and reasonable for her use.

The female plaintiff – a tall, very obese woman – was a patient at the defendant’s facility following a stroke she suffered on July 20, ________. As a result of that stroke, the plaintiff suffered left sided paralysis. She alleged that on the date of this incident she was situated in a wheelchair that was undersized for her height and weight. The plaintiff used the call button to request assistance from the defendant’s staff, since she was very uncomfortable in the chair and needed to be repositioned. The plaintiff alleged that, despite utilizing the call button, the defendant’s staff did not respond, and she attempted to reposition herself. In that process, she slipped from the chair and injured her leg. She was diagnosed with a comminuted fracture of her right patella. The plaintiff brought suit alleging that the defendant facility was negligent in providing her with inappropriate equipment for her use in the form of the undersized wheelchair, and in failing to answer the call button in a timely manner, resulting in the plaintiff attempting to move herself.

The defendant denied any wrongdoing, and maintained that the plaintiff failed to activate the call button. The defendant also supported that the wheelchair provided to the plaintiff was appropriate.The parties agreed to resolve the plaintiff’s claim for the sum of $________ following a mediation.

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