Physical Therapy Expert Witness Opines on Motorized Wheelchair Safety

ByStephen Gomez, J.D.

Updated on

Physical Therapy Expert Witness Opines on Motorized Wheelchair Safety

Case Overview

This case involves the failure of a retailer to properly instruct a client on the ordinary care and use of a motorized wheelchair. The plaintiff, a sixty-one-year-old male, was assigned a motorized wheelchair by his physician. When the wheelchair was delivered, the delivery person/ instructor, who was assigned a list of items to go over with the plaintiff, only covered the basic functions of the wheelchair’s usage, explaining that the helpline was available if the plaintiff had additional questions. Specifically, the instructor failed to instruct and teach the plaintiff the proper safety methods when transferring to and from the wheelchair. The plaintiff fell from the wheelchair while attempting to transfer himself to the couch to watch television, incurring significant medical expenses and injuries to both of his arms.

Questions to the Physical Therapy expert and their responses

Q1

How can a retailer ensure that a new recipient of a wheelchair is properly informed about elements related to the vehicle's safety?

I do evaluations of patient's appropriateness for wheelchairs on a regular basis in order for Medicare or insurance companies to cover them. An evaluation by a physical therapist and approval by a doctor is typically required and usually includes assessment of mobility/transfers. The vendors, too, have checklists or guidelines which they are supposed to follow either by policy or regulation. In most cases, this is an essential part of the instructor's training and supervisors review the proper safety procedures with the instructors on a regular basis. In some cases, companies schedule follow-up visits and calls to review pertinent information with the recipient. Overall, most retailers take a comprehensive approach that includes training, review, follow-up, and updating to ensure the safety of recipients. It is in the details of that process in this particular case that will reveal any deficiencies by the retailer.

About the expert

This well seasoned expert has over 25 experience as a physical therapist and clinical operations manager. In addition to various staff therapist roles, this expert has been the clinical director of the Physical Ergonomics Rehabilitation Center of Texas and the clinical operations manager of Matrix Rehabilitation. This makes him very familiar with the rules and regulations regarding the dissemination of medical mobility equipment. He is currently the director of a major area physical therapy and rehabilitation clinic where he regularly sees patients.

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E-006762

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About the author

Stephen Gomez

Stephen Gomez, J.D.

Stephen Gomez, J.D., serves as the General Counsel and Corporate Secretary at Lumos Labs, where he expertly oversees a broad range of legal and compliance matters, including privacy, intellectual property, and litigation. With a deep understanding of the legal landscape, he provides strategic legal advice that empowers fast-growing companies to navigate complex challenges effectively. His extensive legal experience spans the e-commerce, media, and entertainment industries, allowing him to bring a wealth of knowledge and insight to his role. Gomez's areas of expertise include privacy law and compliance, intellectual property management, litigation strategy and oversight, and legal content and research management. He holds a J.D. from Boston University School of Law and a B.A. in Politics from New York University, grounding his professional practice in a solid educational foundation.

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