Even if a patient seems to be getting along fine on crutches, escorting him to the car in a wheelchair is a more prudent move that may prevent patient falls and lawsuits.

At least that's the case in California, where orthopedic surgery patient Gordon Sloan sued the Marin Specialty Surgery Center in Greenbrae after he fell from his crutches while leaving the center.

In 2006, Mr. Sloan went to the surgery center for a bursectomy on his left knee. In the recovery area, a staff member gave him crutches and showed him how to use them. The staff member "then watched him briefly as he used them, telling him he was 'doing fine,'" according to court documents. However, Mr. Sloan fell in the lobby of the building.

Mr. Sloan told the court that there were no hazards. He didn't slip or trip on anything; apparently, he lost his balance. As a result of the fall, Mr. Sloan suffered pain and needed more medical care, according to court documents.

In his lawsuit filed in 2008, Mr. Sloan claimed that he should have been offered a wheelchair, although he didn't ask for one. He sued the surgery center for negligence.

A trial court judge dismissed Mr. Sloan's case because he filed his complaint after the statute of limitations had expired for professional negligence cases. Mr. Sloan appealed in 2009, and the Court of Appeals of California, First District, upheld the trial court's decision on June 23.

The administrator for the surgery center, its attorney and Mr. Sloan's attorney did not return requests for comment for this article.

Kent Steinriede

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