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
My Aunte , bening a patient in a hospital being treated for kidney failure , having dialysis for the first time . After being told from her husband and son that she needed to be watched carefully because she has a history of falling . Fell from her bed while eating setting on the side of the bed rather than setting in the bed . Fractured her orbital eye socket now requiring surgery because bones when into eye. I have photos available . Her husband wants to know if the hospital can be liable . Thank you Scott .
My Husband, Jonathan, is a diabetic and now a double Amputee.
On September 1, 2015 he was admitted to Kaiser for amputation of the left leg below the knee.
From Sep. 1, 2015 amputation was completed and successful with the stump being closed with Staples.
Given pain medicine orally and through an IV Pump from Sep 1, 2015 – Sep 7, 2015.
Husband, unable to lift himself up due to several reason, top heavy, no legs, medicated.
On Sep. 7, 2015, a Doctor and nursing assistant entered the room to exam Jonathan.
Jonathan was lifted and placed in a seated position and turned around so his stumps were hanging off the bed with the bed rails down. Jonathan feel head first off the bed. Hitting the floor head first. Nurses and other attendants rushed to the room to place him in the bed and attend to his head wound. As I was arriving, he was being immediately rushed to x-rays and MRI. While Jonathan was laying in the bed, he did not recognize me and was very disoriented.
Amputated leg was injured in the fall, the leg opened up in the front. I asked about staples, Dr. suggested no new staples, let it heal open.
For approximately 4 days since the fall and after the fall, Jonathan was very disoriented and not himself at all.
9.18.15 – Discharged and admitted to Rehab for open wound and leg rehabilitation
10.9.15 – Released from Rehab with an Open Wound
Dr. Following Wound Care at Rehab from 9/18/15 – 10.9.15
In Home wound care nurse – 10/12/15 – 12/15
Informed by the wound care nurse that the medicine we were prescribed would not heal the wound and suggested a new medicine.
10.21.15 – I e-mailed the Doctor, he then prescribed the new medicine. After using the medicine for a week, the wound showed signs of healing. Which, leaves me thinking that if Jonathan was prescribed the correct medicine for his big toe abrasion, which continued not to heal, he would most likely still have his left leg.
2/1/16 – The leg is finally completely healed from the fall and is ready to be fitted for a prosthetic
A prosthetic he should have had back in September 2015.
Jonathan also has moments of disorientation and confusion since the fall.