If a member of your family is considered a fall risk because of their medical condition, and that family member falls and suffers injuries while a resident at a nursing home or patient at a doctor’s office or hospital, that family member could have a medical malpractice case against that nursing home, hospital, or doctor’s office.
Unlike a typical slip and fall case, the basis of this claim is not because a hazardous substance was left on the floor and caused your family member to slip or trip and fall. The basis of this claim is that your family member needed to be monitored because they are a fall risk, and they were not monitored leading to their fall. When your family member is a patient of a nursing home, hospital, or physician, those medical care providers owe your family member a duty to monitor them and take reasonable precautions that they do not fall.
Just Because Your Family Member Is A Fall Risk Doesn’t Mean You Have A Claim
Just because your family member is considered a fall risk does not always mean they have a claim if they do have a fall while a patient at a nursing home or hospital. The medical staff at these facilities need to be aware your family member is a fall risk. Or your family member’s medical condition should have led a reasonable doctor or nurse to conclude your family member is a fall risk.
For example, if there is an order from a doctor that your family member is a fall risk and needs monitoring, and your family member has a fall, then the medical staff at the nursing home or hospital could be liable for the injuries your family suffered from the fall. Some common examples of this are if your family member was left unmonitored for an extended amount of time. Or if your family does not receive assistance going to the bathroom and falls while trying to get to the bathroom or go to the bathroom.
In some scenarios night shift staff may need to monitor your family member because they have issues with getting out of bed in the middle of the night. Generally, if your family member falls out of bed and is considered a fall risk, the medical staff at the facility your family member was a patient could be liable for that fall.
Even if there is not an order from a doctor about the need to monitor your family member because they are a fall risk, there will still be a duty to monitor your family member if their medical history indicates they are a fall risk and need monitoring. Here your family member’s attending doctor at the nursing home or hospital could also be liable for their fall. An example of such liability is if your family member’s medical history shows they are a fall risk, but their attending doctor fails to enter an order noting the family member is a fall risk and needs monitoring.
In order to determine if the nursing home, hospital, or doctor’s office was negligent and liable for your family member’s fall, your attorney will obtain your family member’s records and review them with medical experts.
Negligence By The Nursing Staff Must Be Proven
You will also need to prove that your family member suffered harm from the negligence of the medical staff at the nursing home, hospital, or doctor’s office that resulted in your family member’s fall. This can be shown by obtaining your family’s medical records for their treatment of the injuries from the fall. Your attorney may also consult with your family member’s treating doctors about the injuries your family member suffered from the fall. These injuries can range from bruises and contusions, to head injuries like concussions and brain bleeds, as well as fractures that require surgery. If your family member has any out of pocket medical expenses, outstanding medical bills, or lost wages due to their injuries from the fall, they can also include those items as part of their claim for damages.
The Thistle Law Firm is experienced at handling fall cases where medical staff failed to monitor someone who is a fall risk. If your family member suffered injuries from such a fall and you feel they may have a malpractice claim as a result, the attorneys at The Thistle Law Firm are here to take your call at 215-568-6800.