Falls in Hospitals and Medical Malpractice Law
Some personal injury claims may involve more than one theory of liability. When a fall occurs in a hospital setting, it can potentially lead to a claim for medical malpractice or a claim based on ordinary negligence under premises liability principles. The distinction between these two types of claims can influence the way a case proceeds, the evidence required, and the range of compensation that may be available.
Medical Malpractice Claims for Hospital Falls
Medical malpractice arises when a healthcare professional fails to meet the accepted standard of care while providing treatment or managing a patient. The standard of care typically reflects what another similarly trained and competent provider would do in a similar situation. In a hospital fall scenario, medical malpractice might be alleged if the risk of falling stemmed from a patient’s medical condition or treatment, and the healthcare team failed to take adequate measures to prevent it. If there are known risk factors, such as dizziness caused by medications, confusion associated with a medical condition, or overall weakness due to recent surgery, the medical staff usually implements specific precautions. Examples of such precautions include bed alarms, assistance with mobility, and frequent monitoring. Failing to follow these measures can indicate that the care team did not meet the standard of care.
Hospital Policies and Protocols
Many hospitals maintain fall prevention procedures, which may include regular rounds to check on patients, using assistive devices, and documenting each patient’s fall risk in medical records. Departing from such written protocols can support an argument that the standard of care was not met. In some hospital fall cases, these policies become central to showing that healthcare professionals did not take the actions expected of them to protect an at-risk patient.
Premises Liability Claims for Hospital Falls
Premises liability focuses on the duty of property owners to keep their premises in a reasonably safe condition and to remedy or warn of known hazards that could injure visitors. Hospitals, like other property owners, may be liable if a fall is caused by an unsafe physical environment unrelated to medical treatment. Conditions such as wet floors without warning signs, torn carpeting, or broken handrails on staircases may support a premises liability claim.
Distinguishing Between Medical Malpractice and Premises Liability
The crucial factor in determining the nature of a hospital fall claim is the cause of the fall and its connection to the patient’s medical care. A fall caused primarily by a symptom or side effect of treatment often supports a medical malpractice claim, especially if the healthcare team should have taken precautions to address that risk. If the condition of the property itself caused the accident, on the other hand, the case is more likely to proceed as a claim for premises liability. A patient who slips on a freshly mopped floor that has no warning signage may have a premises liability claim, while a patient with a known high risk of falling who was left unattended without necessary precautions may have a malpractice claim.
Procedural Requirements and Time Constraints
In most jurisdictions, medical malpractice claims involve specific procedural requirements that ordinary negligence cases do not. These can include the need for a credible medical expert to file an affidavit certifying that the claim has merit. Some states impose shorter or more complex statutes of limitations for malpractice claims, and many have special notice provisions requiring the patient to notify the provider of the claim before filing suit. Premises liability claims generally follow a more straightforward negligence framework and may allow more flexibility in filing deadlines, depending on the jurisdiction.
Defenses in Fall Cases
Hospitals and their insurers often raise defenses to mitigate or defeat liability in fall cases. The defense of comparative or contributory negligence may assert that the patient contributed to the fall by ignoring instructions, failing to use an assistive device, or attempting to move without waiting for help. If the court agrees that the patient bears a percentage of fault, the patient’s recovery may be reduced or potentially barred. In premises liability claims, a hospital or its insurer might argue that the injury was caused by an open and obvious hazard or that the injured person assumed the risk by proceeding in spite of a known danger.
Evidence and Documentation
Evidence plays a key role in fall-related legal actions. Official incident reports detailing the circumstances of a fall in the hospital can be critical for demonstrating when and how it occurred. Photographs or videos of the scene, as well as records of hospital protocols and patient charts, are often relevant to show whether appropriate safeguards were in place. Medical records documenting the patient’s condition, medications, and recommended precautions may be introduced to prove that a provider’s deviation from the standard of care led to the fall. In a premises liability context, photographs of the hazard and witness testimony can illuminate the condition that caused the fall and whether the hospital should have taken prior steps to address or warn of it.
Potential Damages
Economic damages may cover expenses such as past and future medical bills, lost wages, and, in serious cases, loss of earning capacity. Non-economic damages may be awarded for physical pain and suffering, emotional distress, and reduced enjoyment of life if the injuries cause lasting limitations. Some states impose caps on non-economic damages in medical malpractice cases, which can further affect how much an injured patient can recover.
