Patients stay in hospitals to get better and would never expect their condition to worsen. Unfortunately, accidents, such as patient falls, happen all the time within the premises, resulting in additional and severe injuries, such as broken bones and brain injuries, upon patients.
However, no matter how common slip and fall accidents are, hospitals should actively implement measures to prevent them. Otherwise, they can be responsible for patient injuries.
If you or a loved one slipped and fell in a hospital, here are things you should know before filing a lawsuit.
When a fall is due to medical malpractice
Hospital falls by medical malpractice happen when doctors, nurses and other medical staff fail to carry out their professional duty of care, examples of which include the following situations:
- Failure to conduct or incorrect risk assessment for patients more likely to fall
- Failure to closely monitor patients at risk of falling due to their vulnerable condition
- Failure to ensure a safe environment, such as raising bed sides and providing assistance for bathroom visits
While not all falls result in injuries, the risk is higher in this situation. And if a patient’s current condition worsens or if they obtain another injury from falling due to a staff’s negligence, they can hold the hospital and their staff liable for damages.
How you can prepare for the lawsuit
For a medical malpractice lawsuit to stand, you must establish the legal elements, including your professional relationship with the negligent medical practitioner and the relation between your fall injury and the medical practitioner’s negligence. This can be overwhelming, but with available resources and competent legal guidance, you can build your case and protect your rights.