Rochester Medical Malpractice and Personal Injury Lawyer Blog
When people are admitted to medical facilities, they expect the healthcare providers who offer them care to take necessary precautions to protect them from foreseeable harm. Unfortunately, lapses in hospital policies or misjudgments in risk assessments can sometimes lead to severe injuries. This was the central issue in a recent New York medical malpractice case, where a plaintiff alleged that the defendant hospital failed to properly assess a patient’s fall risk, resulting in fatal injuries. If you or a loved one has suffered harm due to inadequate hospital care, it is wise to consult a Rochester medical malpractice attorney.
Factual and Procedural Setting
It is alleged that first responders found the decedent in a disoriented state inside his vehicle on November 26, 2018. Reportedly, he believed that the year was 1978 and was unable to recall how he had traveled to the location where he was found. Due to concerns about his altered mental state, he was transported to the defendant hospital for further evaluation and care.
Reportedly, upon his admission to the hospital’s geriatric unit in the early morning hours of November 27, 2018, medical staff assessed the decedent as a high fall risk, implementing standard fall prevention measures. However, it is reported that later that same day, a different nurse reassessed him and categorized him as a low fall risk, altering the level of precautionary measures in place. On the following day, November 28, 2018, while walking to the nursing station, the decedent reportedly suffered a neurological event, fell, and struck his head on the floor. He was subsequently declared comatose and remained in that condition until his death on April 19, 2019.
It is reported that the plaintiff, as the administrator of the decedent’s estate, filed a medical malpractice lawsuit against the defendant hospital, asserting that its failure to appropriately assess and mitigate the decedent’s fall risk directly contributed to his injuries and ultimate passing. The defendant moved for summary judgment, arguing that it had adhered to the standard of care and that any deviation did not proximately cause the decedent’s injuries. The trial court granted the defendant’s motion, dismissing the plaintiff’s claims and prompting the plaintiff to appeal.
Grounds for Pursuing Medical Malpractice Claims
The appellate court reviewed the evidence under the standard that requires courts to view facts in the light most favorable to the non-moving party when considering summary judgment motions. The court emphasized that a defendant moving for summary judgment in a medical malpractice case must establish that it adhered to the accepted standard of care or that any deviation was not a proximate cause of the alleged injury.
The defendant relied on medical records, nursing staff depositions, and expert testimony to argue that it had properly followed fall prevention protocols. The hospital’s expert opined that the assessment tool used to determine fall risk was appropriate and that additional preventative measures would not have prevented the decedent’s fall, as it was caused by an unforeseen neurological event.
However, the plaintiff countered with expert testimony asserting that the fall risk assessments were inconsistent and failed to account for the decedent’s disorientation and impulsive behavior. The plaintiff’s experts contended that the decedent should have been continuously classified as a high fall risk, warranting additional safety measures such as one-on-one supervision.
The court determined that the plaintiff raised material issues of fact as to whether the defendant properly assessed the decedent’s condition and whether its actions were a proximate cause of his injuries. As a result, the court modified the trial court’s decision and denied summary judgment on the medical malpractice claim, allowing the case to proceed.
Consult an Experienced Rochester Medical Malpractice Attorney
Hospitals have a duty to take reasonable precautions to prevent patient falls, especially for patients with cognitive impairments or medical conditions that increase their risk of injury. If you or a loved one has suffered harm due to a hospital’s failure to provide proper care, you may be entitled to compensation, and you should talk to an attorney. The experienced Rochester medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your case and help you pursue the justice you deserve. Contact us at 833-200-2000 or reach out online to schedule a consultation.
