QUESTION
Can we file against the hospital for negligence if my husband fell while in the hospital?
Asked on Jan 23rd, 2014 on Personal Injury - New York
More details to this question:
My husband fell while in the hospital for a broken hip and received a broken femur. The nurse said that he would be taken care of and sent me home. He was not in his right frame of mind at the time due to medications. He had to go back to surgery to repair the femur. Can we sue the hospital for negligence?
9 ANSWERS
Evaluation would require a review of your husband?s medical records at the very least. The statute of limitations may be an issue.
Answered on Jan 30th, 2014 at 5:03 AM
Ronald A. Steinberg
Possibly. You need to find out the circumstances. I suggest that you contact a malpractice attorney.
Answered on Jan 28th, 2014 at 5:03 AM
You have not given us the facts of how and why the fall occurred so we can not determine if there might have been negligence. Merely falling while recovering from a broken hip does not mean someone was at fault.
Answered on Jan 27th, 2014 at 5:00 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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Yes. If the fall was due to negligence on the part of the nursing staff or hospital employees and from your description it sounds like it was. You should contact an attorney to review the damages to determine the best course of action to take. I would be happy to talk to you.
Answered on Jan 27th, 2014 at 4:55 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can, but you'll have to show that it is the negligence of the hospital that caused the injury. On the hospital may not have been negligent and your husband may have caused the accident. I suggest you talk with the local personal injury attorney to see if you have the case.
Answered on Jan 27th, 2014 at 4:51 PM
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.
Answered on Jan 27th, 2014 at 4:49 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can sue anybody at any time but in this case and in any case how do we insure that people will not fall. do we watch and touch them 24/7 and issue guarantees to family. You have to prove the fall was due to negligence and there was no negligence on his part. Can you do that?
Answered on Jan 27th, 2014 at 4:43 PM
James Eugene Hasser
Possibly, but it will take the opinion of a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one.
Answered on Jan 24th, 2014 at 5:19 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Possibly. Patient falls are a known problem in hospitals and nursing homes, and medications are a part of that. There are likely protocols that need to be followed, depending on the circumstances and the information available. You would have to gather up all of the medical records and have an expert witness review them.
Answered on Jan 24th, 2014 at 1:47 PM