Every year thousands of hospitalized patients and elderly residents of nursing homes and residential care centers suffer serious injuries resulting from falling out or their beds. In many instances hospitals nursing homes and other care facilities can be held liable for injuries sustained by patients who fall from their beds. Our law firm is proud to represent elderly and infirmed patients who have suffered medical negligence abuse or neglect at the hands of hospital and nursing home staff.
Common risk factors associated with falls from beds in hospital settings include
- Cardiovascular and neurological heath condition of the patient.
- Sensory and perceptual issues of the patient.
- Cognitive and behavioral conditions including Alzheimer’s, dementia, bipolar disorder and depression.
- Extrinsic risk factors including – transferring of a patient form bed to bed or from bed to chair. Improper application of handrails, walkers, and canes.
Avenues of Liability – Who Can Be Held At Fault
According to published studies, 50% of falls occur in patients who fall repeatedly. More so the incidence of falls and fall-related costs continue to rise as our population ages. Nursing home staff and hospital nursing care who are aware of a proclivity of a patient to fall owe a duty to take necessary and warranted preventative measure aimed at significantly reducing the incidence of future fall. Liability against hospital staff and hospital administrators can take place if a fall results from the failure of a hospital take the necessary measure required. A secondary avenue of liability can take place when the administration fails to adequately and appropriately staff a hospital.
Establishing Liability – Negligence of Hospital Staff and Administration
: The vast majority of personal injury cases including injuries taking place in a hospital or medical care facility setting are based on a negligence cause of action. Negligence requires proving five essential elements in the court of law.
- The at-fault party (defendant) owed the victim a duty of care.
- The at-fault party breach or violated in some way his or her duty of care.
- The violation or breach of the duty of care resulted in the accident (ie fall from bed).
- The incident caused significant injury to the victim.
Nursing Home Neglect & Elder Abuse
– Legal Definition of Elder Abuse
– Nursing Home Medical Malpractice Lawsuits
– Can you sue a Nursing Home
– Physical abuse by residents of nursing homes
– Sue nursing home for elderly financial abuse
– Sued for Abandonment of Elderly Resident
– Elder Abuse Statistics
– Nursing Home Class Action Lawsuit
– Nursing Home Restraints Lawsuit
– Nursing Home Falls Lawsuit
– Spider Bites in Nursing Home
– Nursing Home Isolation Lawsuit
– Caregiver Neglect Attorney
– Elder Abuse Reporting Laws
Compensation Available for Patients
: Victims of serious injuries due to the negligence or intentional acts of others are entitled to monetary compensation from all at fault parties. The level of compensation is based on several important intervening factors. Some of the most important factors in establishing an estimated value of an injury lawsuit are as follows….
- All medical and health-related costs
- Costs of future medical care and rehabilitation expenses
- Pain and suffering
- Mental anguish
- Lost wages and loss of future earning capacity
- Availability of punitive damages – where an at fault liable party displays a wanton or reckless disregard for the life and health of the victims
: Our law firm is proud to provide free and confidential legal consultations for individuals who have suffered harm due to medical hospital or nursing harm errors. Feel free to contact our law firm toll-free (855)385-2529.
Patient Falls In The Hospital Setting