In the US the clinic would be liable since they removed the chair from her control
There is a woman at my dialysis centre for whom knackered kidneys are only one of her problems. Amongst her many medical ills, she is paralyzed from the waist down, so needs a wheelchair to move about. She arrives at dialysis in her own wheelchair but there is no room for it between her bed and the next without it getting in the way of the nurses, so as soon as she is on the dialysis bed her wheelchair is moved to the corner of the back ward where the dialysis chair mattresses are kept.Friday, when the nurse went to fetch it for her after dialysis, some **** had stolen it!It was obviously a deliberate and planned theft, not a crime of opportunity, because there is a whole load of wheelchairs in the waiting room, and the waiting room door opens out into the car parking area with no security whatsoever. If someone just wanted a wheelchair one of these would have been easier. To steal the patient's wheelchair they would have had to push it out of the back ward, across the main ward, along a corridor, past two of the private rooms, past the manager's office, past the store room, past the toilets, and across the waiting room to the door. However, of course, the "easy to steal" hospital wheelchairs are basic, cheapest serviceable, wheelchairs. But the patient is in her wheelchair for much of her waking day, so she bought herself a good quality, expensive wheelchair, a much better prize for the thief.What sort of person steals a disabled person's wheelchair while they are having important medical treatment?I have no idea if God exists or not, but I hope Hell exists so that this complete piece of excrement has somewhere to rot in for all eternity.
Quote from: Michael Murphy on August 25, 2018, 05:37:45 PMIn the US the clinic would be liable since they removed the chair from her controlSimilar law in Britain, but before getting any treatment in hospital you have to sign a form which says (among other things) that you will not hold the hospital responsible for any loss while on their premises. So she has no claim against them (although they did lend her a hospital wheelchair until the situation can be resolved).
The best remedy in a case like this if the law is not on her side may be a local news reporter interviewing clinic management about their refusal to replace the chair.
To me, the important point would seem to be that whoever stole the chair, must another patient or acquaintance of another patient. It is not likely someone just wandered into a dialysis clinic and stole a wheelchair.
You are forgetting one important fact:Unlike America, the British health service is free. It is sort of like a charity (it is not actually one, it is paid for by the government, but it is seen as similar to one). It is highly respected and so (in most cases) are the people who run it. I doubt that any British court would toss out this waiver. If they did, the cost to the NHS would be so great as other people sued, that people would die from its lack of funds, so a higher court would soon overturn the overturn of the waiver.
Hello Paul, I beg to differ : The British Health Service (NHS) is not a sort of charity
is only indirectly paid for by the government because it is actually being paid for by the taxpayer
every patient is being given the best possible chance and medics within the National Health Service are truly giving their very best to the best of their knowledge........without the NHS and dedicated medics within the NHS I would not be alive any longer !
Quote from: kristina on August 29, 2018, 01:46:41 PMHello Paul, I beg to differ : The British Health Service (NHS) is not a sort of charityI was simplifying for non-British readers.Quote from: kristina on August 29, 2018, 01:46:41 PMis only indirectly paid for by the government because it is actually being paid for by the taxpayerWell, in that absolutely everything the government "pays for" comes out of taxes, yes. However I'm assuming you mean NI. NI only covers an infinitesimally small part of the cost, most comes from the general tax pool (income tax, VAT, etc). I remember an interview on the radio with the minister for health (not the current one, nor the one before, and possibly well before that, it was many years ago). He said that the most annoying thing about the job was that most people paid their NI and assumed they had paid their share of funding the NHS when in fact they had not, and the amount of money he (minister of health) had to spend on the NHS depended entirely on how much the chancellor of the exchequer gave him.Quote from: kristina on August 29, 2018, 01:46:41 PMevery patient is being given the best possible chance and medics within the National Health Service are truly giving their very best to the best of their knowledge........without the NHS and dedicated medics within the NHS I would not be alive any longer !I'm not sure why you are disagreeing with me because that was sort of the point I was making (although your wording is a little over the top and unrealistic). The NHS is not as great as you infer, but it is the best possible considering the funds the current chancellor gives it.
Paul, any updates on the wheelchair thief?