Can A Hospital be Sued for A Patient Falling Out of Bed
Every years thousands of patients in medical hospitals, rehabilitation facilities and nursing homes sustained severe injuries caused by falls form their hospital beds. In many case such falls can be attributed to the negligent action of hospital staff and medical practitioners. Nurses have a duty to establish and follow protocols designed to reduce the probability of falls. Common causes of fall from such beds include the following…
- Failure of the nurse to raise the protective guardrail.
- Failure of hospital staff to properly assess patient risks of falls.
- Postponement in the time to respond to patient calls.
Common injuries in such fall include, skull fractures, torn ligaments, damage to the shoulders, fractured sternum, facial fractures, broken noses, traumatic brain injuries, lacerations, and subdural hematomas.
Establishing Liability in Hospital Negligence Claims
There are four factors which need to be proven in the court of law in order to establish a bases for medical negligence.
Duty: Generally every individual owed another individual a duty to act in a reasonable manner so as to prevent the risk of harm to another individual. In cases of medical the medical profession however the duty of care is established by the specific medical profession and or specialty of the medical profession. For example in the case a patient with seizures the nurse practitioners or medical assistance should raise the protective railing of the person bed since the probability if falling in such patients would warrant such an action.
Breach of the duty of care: In the context of med-mal a breach of a duty of care takes place when the at fault party fails to properly administer the proper course of treatment. Thus continuing the fact pattern mentioned above, the breach of a duty of care will take place when the employee of the hospital fails to rain the protective guardrails of the hospital bed.
Causation – was the breach of the duty of care he cause of the harm: Thus the questions which has to be asked and answered here is would the patient have fallen out of the bed if there was not breach of the duty of care. A corollary to the causation question is
Substantiated Harm:The question that must be answered is whether sustained injuries as a result of the incident that took place. Thus if an individual falls out of the bed but luckily does not sustain injuries then he or she would not have a claim for compensation.
Compensation Available for Victims of Medical Malpractice
Victims of personal injury are able to receive recovery for all harms sustained. The specific types of harm compensable in such cases include the following…
- All medical and health care expenses.
- Future medical and rehabilitation care.
- Economic damages including lost income and future loss of earning capacity.
- Non economic damage including punitive damage assessment, pain and suffering and emotional distress.
California Cap on Medical Malpractice Claim Compensation: In certain states including the state of California restrictions are placed in the monetary amount of recovery compensable for non-economic damages. In California victims recovery for non-economic damages is capped at $250,000.00.
Coat of Legal Representation: All too often potential clients hesitate contacting a law firm due to potential costs associated with seeking out legal representation. Our law firm works on a No Win ZERO FEE contingency agreement; meaning that a client does not have to pay any legal fees or expenses until the case reached a successful monetary resolution.
Attorney Consultation Available: All legal consultations are provided by our attorneys free of charge.