QUESTION
Do we have a case of medical malpractice if my mother fell out of bed twice in rehab?
Asked on Feb 28th, 2014 on Personal Injury - Iowa
More details to this question:
Mother was in a rehab and she wasn't cared for appropriately. She fell out of bed two times. Neither times did she have side rails on her bed etc.
12 ANSWERS
Ronald A. Steinberg
Possibly, but it is not a medical case, it is nursing home liability and/or nursing malpractice.
Answered on Mar 07th, 2014 at 10:13 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 Mar 05th, 2014 at 9:30 AM
You need to talk to an attorney that specializes in injury accidents to determine the liability of the rehab hospital.
Answered on Mar 05th, 2014 at 9:16 AM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Your mother very well may have a good case. You should discuss this matter with an attorney that handles medical malpractice matters as soon as possible.
Answered on Mar 04th, 2014 at 8:48 PM
James Eugene Hasser
It's possible, but it will take the opinion of a medical expert to answer the question. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
Answered on Mar 04th, 2014 at 8:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You did not say if she were hurt. You don't get any credit for falling. You have a medical question. Get the chart, see what it says about the matter and then let your doctor review it.
Answered on Mar 03rd, 2014 at 6:16 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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Your mother may have a claim for medical negligence against the rehab facility. Patient neglect and patient abuse fall within the definition of a medical claim whether it is against a hospital or a nursing home. There are certain guidelines that the facility must follow and if your mom was a fall risk and they did not comply with the protocols and she fell and seriously injured herself, you should promptly discuss this with an attorney. Depending on the type of injury and the impact this had on your mom the claim may be very appropriate to pursue.
Answered on Mar 03rd, 2014 at 6:16 PM
3 Awards
There may be a viable malpractice case if there were orders for side-rails which were not followed. Or if the fall assessment was such that bed-rail should have been ordered. There are also less restrictive alternatives that a nursing home can provide such as re-positioning the resident, bed alarms, etc.
Answered on Mar 03rd, 2014 at 6:15 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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But was she hurt by falling out of bed? Was it a major injury or only a bruise. If a major injury, it may be worth talking with a local personal injury attorney. If only minor bruising, she didn't suffer enough to recover anything.
Answered on Mar 03rd, 2014 at 6:15 PM
Thomas Edward Gates
But, what were her injuries. While it is negligent to not put the rails, if there is not any damages then there is no claim.
Answered on Mar 03rd, 2014 at 6:13 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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It may be a an "Elder Abuse" and negligence claim.
Answered on Mar 03rd, 2014 at 6:13 PM
Medicare, Medicaid and many insurance companies classify patients falling out of bed as "never events". Meaning they should never happen. You will need to sit down with a lawyer probably in a larger city close to the community where it occurred.
Answered on Mar 03rd, 2014 at 5:59 PM