QUESTION

My husband was a fall risk and was left unattended and bed rails were not up. He needed to get to the bathroom, no help, so he tried himself. He fel

Asked on Jan 08th, 2013 on Medical Malpractice - California
More details to this question:
He fell, had a heart attack, died 5 days later
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Hospitals are supposed to have fall protocols in place that prevent these kinds of accidents.  When a patient is admitted to the hospital the nursing staff should do a risk assessment to determine whether a standard fall protocol should be followed or whether a patient should be deemed a high risk so that a high risk protocol is followed.  Issues addressed in the assessment include whether a patient is taking medication that raises the risk of fall, whether the patient has a history of vertigo, dizziness, syncope or seizures, whether the patient had a history of falls within the last six months, whether the patient ambulates independently without the use of an assistive device and the mental status of the patient.  Depending on how your mother was classified in the initial assessment she may or may not have had to have someone in the bathroom with her while she used the facilities.  There are other possible ways that the hospital could have violated its own fall protocols. (For example, if they provided footwear it should have been slop resistant).  If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 
Answered on Jan 08th, 2013 at 9:37 AM

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