Disabled Mother Trapped In Medical Transport Van After Driver Refused To Continue To Appointment. Possible Legal Claims?
Location: Nebraska
My mother has a physical disability and uses an electric mobility scooter. She relies on a transportation company to get to doctor's appointments.
Before leaving, the driver repeatedly insisted my mother should have answered the company's calls/texts, even though my mother had already confirmed the ride with dispatch. The driver then drove in the wrong direction. After my mother pointed it out, the driver turned around. While driving back, my mother called dispatch on speakerphone, and the dispatcher confirmed she had followed the company's procedures because the driver kept repeating that she should have called or texted back. The driver continued repeating the same thing which made my mom feel like something was wrong with the driver's state of mind.
The driver then made a sharp turn that caused my mother to hit her head while strapped to her scooter and the driver was looking in the review mirror. Instead of taking her to her appointment (which was only a short distance away), the driver pulled into a residential neighborhood, parked, got out, and left my mother secured inside the van.
Because her scooter was strapped down and the ramp door was closed, my mother couldn't get out. She repeatedly asked to be released, called 911, and even yelled for help from people passing by. The responding officer did not release her either. The driver reportedly said her manager instructed her to take my mother home, but my mother never wanted to go home—she only wanted to be released.
She missed her medical appointment, was taken by ambulance to the hospital because her blood pressure became dangerously high, and later that day blacked out and had to return to the hospital. She is now emotionally traumatized and afraid to use disability transportation.
Should we be consulting a personal injury attorney, a civil rights/ADA attorney, or both? I send out an ADA complaint, but they have not yet called me back. Does this sound like it could involve negligence, false imprisonment, or disability discrimination? I am worried as more and more time goes by that the evidence will be scrapped of what happened.
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