Volkema Thomas Miller & Scott A Legal Professional Association we can help
in the section

Medical malpractice issues related to hospital falls

An Ohio patient recovering from a knee replacement or spinal fusion may be identified as a fall risk during a stay in the hospital. However, legal precedent may make it difficult for such a patient to file a medical malpractice claim if a serious fall occurs. Because frivolous malpractice claims are a concern throughout the nation, the legal system endeavors to eliminate such action through procedural measures. However, this can also make it difficult to proceed with litigation in case of a legitimate complaint.

In many states, an individual must have the support of a medical expert in confirming that negligence has taken place. Without this expert opinion, a case may be dismissed by the court. This means that there must be a reasonable and substantial connection between a slip-and-fall incident and the performance of a healthcare provider.

In proceeding with a hospital negligence claim for a fall, a patient might have to provide evidence of the action or inaction in question. For example, a patient on high levels of pain medications might be prompted to get out of bed if the call button has been ignored repeatedly in connection with a need to use the restroom. Although getting out of bed might seem to be a willful action of the patient, the negligence might be described as the failure of hospital staff to attend to the urgent needs of the patient. A fall that occurs because a patient willfully gets out of bed without an urgent need, however, might not be deemed to be a case of negligence.

In considering whether to file a medical malpractice claim, an individual might also need to consider whether serious damage resulted from the fall. A fall that does not result in serious physical harm might be a matter of carelessness but might not warrant legal action.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Set Up A Free Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy