This actually falls under the heading of medical malpractice rather than a slip and fall. Your mother has a valid case to pursue and I would suggest that she have a detailed conversation with a Michigan injury attorney just as soon as possible.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Yes. Your mother need to contact an attorney ASAP. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on .
Yes, your mother may well have a valid claim. Among other possibilities, the claim could be against the health care professionals responsible for ensuring that the table and your mother were properly positioned, or a product liability claim if it is determined that the table itself failed despite the health care professionals doing what they were supposed to do. You should (a) get the medical records from the surgery; and (b) contact a medical malpractice attorney in Michigan to review the records and discuss the potential claims with you and your mother.
Please be mindful that in Michigan, periods of limitation — deadlines — apply to the assertion of legal claims. For instance, a two-year period of limitations applies to medical malpractice claims. This generally means that in order to pursue a claim against any health care provider whom you believe committed malpractice against you, you must comply with certain legal requirements prior to the second anniversary of the act or omission by the health care provider that gives rise to your claim.
Sorry for your mother's hardship.
Yes - this may be malpractice, but it could also be general negligence. It would probably be plead both ways in Court. I suggest speaking with an attorney. Thank you, Scott Weidenfeller, Esq. Church Wyble P.C., Northville, Michigan.