Rochester Medical Malpractice and Personal Injury Lawyer Blog
Hospitals must follow certain protocols to make sure patients do not get hurt in preventable falls. If you or a loved one has suffered a serious injury due to a fall in a hospital, you may be entitled to file a lawsuit for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester hospital malpractice attorneys have handled numerous medical malpractice cases throughout New York and can handle your claim as well. You can trust that we will work diligently to help you pursue full and fair compensation for the losses you have suffered.
Falls that take place in hospitals are a widespread and serious threat to patient safety. Accidental falls are among the most common incidents reported in hospitals and a complication of about 2 percent of hospital stays. According to one study, rates of falls in the United States range from 3.3 to 11.5 falls per 1,000 patient days. The same study finds that between July 1, 2006 and September 30, 2008, there were a total of 315,817 falls in U.S. hospitals, out of which 82,332 resulted in an injury.
Hospital falls can happen for a variety of reasons, including:
- Failure to monitor patients;
- Improper transfer from a gurney or a wheelchair;
- Allowing at-risk patients to walk unsupervised;
- Falls on a wet or slippery floor;
- Malfunctioning bed rails;
- Poor lighting or clutter on the floor causing a trip hazard; and
- Medication errors, leading to dizzy or disoriented patients.
In New York, a hospital may in some instances be held accountable for a hospital fall through the theory of medical malpractice. Hospitals are required to meet standards of code and conduct. When hospitals fail to meet such standards, and a fall results, the hospital could be liable for the resulting harm through either a personal injury claim based on premises liability or a medical malpractice claim. Retaining an attorney knowledgeable about the legal nuances and distinctions is therefore crucial to ensure the appropriate type of claim is filed. To establish a malpractice claim specifically, the plaintiff must demonstrate the following: i) the hospital owed the patient a duty of care; ii) the hospital violated the duty of care that was owed; and iii) the hospital’s violation was a direct and proximate cause of the fall and the patient’s resulting injuries.
Hospital falls can have serious consequences for a patient’s life. In some cases, these falls can have a lifetime effect on a person’s health. After a hospital fall, a patient may experience escalating medical bills, rising costs of insurance, and many other expenses. As a result, New York law allows victims of such falls to pursue compensation for medical expenses, hospital expenses, pain and suffering, rehabilitation costs, disability, lost wages, and any other losses stemming from the accident.
If you or someone close to you has sustained injuries in a hospital fall, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester hospital negligence and personal injury attorneys are dedicated to protecting your rights at every step of the way. With years of experience, we understand how to handle hospital fall lawsuits, claims, and settlements. For a free case evaluation, do not hesitate to call us at 833-200-2000, or you can reach us online.
More Blog Posts:
Informed Consent Malpractice in Rochester and New York, Rochester Medical Malpractice and Personal Injury Blog, December 28, 2017
Nurse Negligence in Hospitals in New York, Rochester Medical Malpractice and Personal Injury Blog, December 26, 2017
Medical Malpractice due to Misdiagnosis in New York, Rochester Medical Malpractice and Personal Injury Blog, December 19, 2017
