QUESTION
Can I sue the hospital if my mama fell out of the bed?
Asked on Apr 10th, 2014 on Personal Injury - Michigan
More details to this question:
My mama has Parkinson's and is 83. She was in the hospital for aspiration. Went down for procedure that called for mild sedation. Was already being administered with addavan. Came back and the bed rail was not up nor bed alarm on. Found by my daughter and myself in the floor where she was laying. No one had (nurse, c.n.a) checked on her sense she had got back in her room. That was 45min to a hour. She had hit her head, scratched and bruised her elbow and got a big knot on her hip. She has been in the hospital 6 times within the last eight months from where she had fallen in July and broke her ribs. She has been considered a fall precaution since that happened.
6 ANSWERS
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for 'pain and suffering', thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answered on Apr 15th, 2014 at 4:57 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You can, but unless you can prove significant physical damage to your mother, it probably will not be worth much money. Your best bet may be to complain to the hospital administration.
Answered on Apr 11th, 2014 at 9:49 AM
James Eugene Hasser
You may be able to sue, but it will take a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
Answered on Apr 11th, 2014 at 9:47 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Not sure I understand you to say she has been hospitalized 6 times because of the fall? in any event the question is medical at this point. get your entire chart together and have it reviewed by a doctor you trust. Then ask the question.
Answered on Apr 11th, 2014 at 9:39 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
You could probably sue on her behalf, and I think that's what you are asking. But: they will so make it not worth your while. Denials, delays, motions, depositions, it will go on and on. Plus it will cost tens of thousands of dollars. That's how they get away with it.
Answered on Apr 11th, 2014 at 9:39 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
It would appear that there was some form of negligence, and therefore there could potentially be a cause of action against the hospital. Question here is going to be what are her damages occasioned by the falling out of bed as opposed to her general and previous condition.
Answered on Apr 11th, 2014 at 8:55 AM