QUESTION
What legal action can we do after mom fell out of bed in hospital?
Asked on Dec 17th, 2013 on Personal Injury - Michigan
More details to this question:
My mom has Alzheimer’s and dementia. The hospital knew that she was a high risk of falling. They did not restrain her and she fell twice first time receiving 4 stitches in her fore head the second she received a knot on her fore head and a broken right arm.
13 ANSWERS
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If she should have been restrained, the facility should be held liable for the full extent of her injuries.
Answered on Dec 23rd, 2013 at 10:16 PM
It sounds like you may have a negligence claim against the hospital. More information would be necessary, of course. When did the falls occur? What hospital?
Answered on Dec 23rd, 2013 at 10:16 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It sounds like she has a possible case. See a lawyer in your area who takes these kinds of cases. While you mention facts that can be used to build a viable case, it is a sad fact that all claims against hospitals, large or small, weak or strong, are challenged and fought vigorously. They will happily spend $50,000 to defend a $25,000 case, knowing that this will thwart many other cases in which there may be liability, but the injuries are not severe enough to merit pursuit.
Answered on Dec 23rd, 2013 at 10:16 PM
I am not aware whether those two conditions increase the risk of falling or not. If they do, then the hospital might be liable, but you would need to speak to an attorney who handles suits against hospitals or rest homes. Unfortunately, the case might not be worth enough money for the attorney to be willing to pursue it. You might be able to sue in Small Claims Court but the defendant can appeal any verdict in your favor to superior court where you would need an expert witness to testify, which might cost $5,000-10,000. Unfortunately, your only alternative might be to move her to another facility or raise enough of a stink that they are more careful in the future.
Answered on Dec 23rd, 2013 at 10:16 PM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
The hospital need to be sued, it is the only way they will respond.
Answered on Dec 23rd, 2013 at 10:16 PM
Thomas Edward Gates
You can file a personal injury suit against the hospital.
Answered on Dec 23rd, 2013 at 10:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Report the facility to the state agency that governs nursing homes.
Answered on Dec 23rd, 2013 at 10:16 PM
Advocacy Attorney serving Boca Raton, FL
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Steven H. Meyer, P.A.
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I'm sorry to hear about your mom's injury. You should consult with an attorney in your area who has experience in this type of claim.
Answered on Dec 23rd, 2013 at 10:16 PM
Edwin K. Niles
She should have had a rail on the bed, in my opinion. See a lawyer who does med mal.
Answered on Dec 23rd, 2013 at 10:15 PM
Lawsuits against hospitals and nursing homes are becoming more common. You should file a claim against the hospital and get to its insurance coverage.
Answered on Dec 23rd, 2013 at 10:15 PM
Ronald A. Steinberg
You can sue the hospital and the duty nurses for malpractice.
Answered on Dec 23rd, 2013 at 10:15 PM
James Eugene Hasser
There is a potential malpractice case against the hospital and the treating physician. However, it takes a medical expert to give you an opinion if malpractice occurred. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
Answered on Dec 23rd, 2013 at 10:15 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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This is a medical question. Ask your doctor what he thinks about it all.
Answered on Dec 23rd, 2013 at 10:15 PM