Can You Sue If You Fall and Get Hurt in a Hospital?
According to the Agency for Healthcare Research and Quality (AHRQ), there are between 700,000 and 1,000,000 patients that fall in hospitals each year. If you are a hospital inpatient, and you fall and get hurt, whether or not you can sue the hospital will depend on the circumstances. There are some instances where a fall injury constitutes medical malpractice or involves premises liability. The sad part is that most, but not all, falls are usually the result of staff shortages, slippery floors, hospital negligence, and poor work environments.
Medical Malpractice Versus Premises Liability
Medical malpractice is when a licensed medical professional, such as a doctor or nurse, fails to provide services in a competent manner and to the best of their ability. Premises liability is when a hospital's unsafe, defective, or dangerous conditions result in patient injuries. The main difference in the two cases is that medical malpractice is a bit more complex and usually requires the opinion of a qualified medical expert, whereas premises liability does not.
Hospital Falls That May Constitute Medical Malpractice
In order for a hospital fall to constitute medical malpractice, the injured patient must have been receiving treatment at the time of the injury and have received care that failed to meet the medical standard of care and caused the fall and the injury. For instance, a patient might be given medication that caused them to be unsteady due to the side effects, but the nurse might still insist that the patient walk up and down the hallway as part of their treatment, and the patient might fall and be injured as a result of that. Another case might be when a patient suffers a stroke that is not diagnosed by the doctor. After that, the patient might be left unattended in bed, where they experience an episode of confusion trying to get out of bed, fall, and sustain injury.
Hospital Falls That May Constitute Premises Liability
When it comes to hospital falls and premises liability, an injury may be the result of negligence, but not negligence by a medical professional. For example, a patient might be taking a stroll in the hospital hallway, where there is an IV cart that was left in the middle of the hallway. The patient might trip over the cord, fall, and become injured. This is not the fault of a medical professional directly. Another example is if the cleaning staff at the hospital cleans up a spill in the hallway but doesn't put up a warning sign. If a patient slips and falls, sustaining injury, this is considered premises liability.
While hospitals are required to take care of their patients and ensure their safety, injuries from falls do occur. Some hospitals have started implementing additional safety equipment in the rooms. For instance, at Fairview Hospital in Great Barrington, Massachusetts, patients who are at high risk for falls are provided with a bed alarm. Also, these patients are checked on every half an hour instead of every hour.
Due to the fact that a claim for falling and getting injured while in the hospital are pretty complex cases, you should consult an attorney. Visit sites like http://www.grdlaw.com/ to find a slip-and-fall attorney near you.
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