My mother tripped up some steps at the entry to a restaurant in August 2016. She sustained a badly broken wrist for which she was treated at a public hospital that evening. Additionally, she received lacerations and bruising to her face and other areas of her body.
The restaurant manager was on hand and provided some initial assistance (band aid for the cut above the eye and assisted her back to her car). She does not have private health insurance. As of March 2017, she has been advised by her specialist that she will require corrective surgery on the wrist as it has not healed sufficiently and she is still experiencing acute pain. She is planning to undertake this surgery but is advised that she will be placed on a public waiting list (presumably as this is considered elective surgery).
My mother thought it might be a good idea to approach the restaurant owner and seek to have their public liability insurance provider cover the cost of this medical procedure in order to hasten the process and avoid a long wait. She is not seeking compensation for pain and suffering. She just wants to get the surgery done.
Is it advisable to approach the owner and request this? My mother has some reluctance to engage in a complex legal process and thought that acting in good faith with the owner might be a good approach? Or is it more advisable to seek legal representation in the first instance?
Lastly, in spite of my mother's reticence to make a claim for anything outside of medical costs, it occurs to me that she has suffered substantial loss of capacity and did experience significant emotional duress throughout her recovery - and continues to do so with the physical pain she is experiencing currently. Is it feasible that an additional compensation claim could be made for pain and suffering?
The restaurant manager was on hand and provided some initial assistance (band aid for the cut above the eye and assisted her back to her car). She does not have private health insurance. As of March 2017, she has been advised by her specialist that she will require corrective surgery on the wrist as it has not healed sufficiently and she is still experiencing acute pain. She is planning to undertake this surgery but is advised that she will be placed on a public waiting list (presumably as this is considered elective surgery).
My mother thought it might be a good idea to approach the restaurant owner and seek to have their public liability insurance provider cover the cost of this medical procedure in order to hasten the process and avoid a long wait. She is not seeking compensation for pain and suffering. She just wants to get the surgery done.
Is it advisable to approach the owner and request this? My mother has some reluctance to engage in a complex legal process and thought that acting in good faith with the owner might be a good approach? Or is it more advisable to seek legal representation in the first instance?
Lastly, in spite of my mother's reticence to make a claim for anything outside of medical costs, it occurs to me that she has suffered substantial loss of capacity and did experience significant emotional duress throughout her recovery - and continues to do so with the physical pain she is experiencing currently. Is it feasible that an additional compensation claim could be made for pain and suffering?
