Hospital Patient Fall Lawsuit

When you enter a Chicago hospital, whether for treatment or to visit a loved one, the expectation is clear: you want the facility to be safe.

However, falls in hospitals occur more frequently than most realize and can lead to significant injuries or worsen pre-existing medical conditions. Each year, between 700,000 and 1,000,000 people fall in the hospital in The United States. [1]

If you’ve suffered injuries from a fall due to negligence at a Chicago hospital, you are entitled to seek legal recourse. Keep reading to learn more about who could be liable, what you may be entitled to, and how a Chicago hospital fall attorney from our law firm can help.

Can You Sue a Hospital for a Fall?

Yes, you can sue a hospital for a fall if it’s determined that the fall was due to negligence on the part of the hospital staff or unsafe conditions in the facility. The success of such a lawsuit will depend heavily on the circumstances surrounding your fall and whether there is evidence proving that the hospital breached its duty of care to maintain safe premises.

If they failed to implement proper procedures, adequately address hazards, or ensure patient safety effectively, they might be held liable for resulting injuries.

Patient Falls as Medical Malpractice Cases

Patient falls in healthcare settings can give rise to medical malpractice claims when it’s shown that the fall resulted from a healthcare provider’s negligent medical care.

A Chicago medical malpractice attorney from our team can help you prove that the healthcare facility or its staff failed to follow standard protocols for patient safety, leading to preventable falls that resulted in injury.

Eligibility to File a Medical Malpractice Claim

To be eligible to file a medical malpractice claim concerning a fall in a hospital setting, the plaintiff must be able to prove several key points.

First, there must be a duty of care owed by the hospital to the plaintiff, which exists in regard to all patients. Next, it must be established that the hospital breached this duty of care. The third element requires the plaintiff to show that this breach of duty directly caused their injury. And finally, the plaintiff must provide evidence of the damages or harm suffered as a result of the injury.

If an injured patient can meet these criteria, they will have a successful medical malpractice claim. It’s worth noting that nursing home patients who experience a nursing home fall would need to follow a similar procedure and meet these criteria.

Scenarios Where Falls Can Be Compensated Under Medical Malpractice Law

• Inadequate Supervision: Failure to provide necessary supervision for patients who are a fall risk, especially older adults or those with mobility issues.
• Improper Use of Restraints: Incorrectly applying restraints can lead to falls when patients attempt to free themselves without assistance.
• Medication Errors: Administering medications that affect a patient’s balance or cognitive abilities without appropriate precautions can lead to falls.
• Inadequate Training: When staff are not properly trained to assist fall-risk patients in moving or walking, this can result in preventable falls.

Each of these scenarios can serve as the basis for a medical malpractice claim if the criteria for meeting negligence are met.

Hospital Falls as Premises Liability Cases

Hospitals have a duty to regularly inspect their premises, promptly address known hazards, and ensure that safety protocols are strictly followed to mitigate fall risks for patients and visitors. When a hospital fails in these duties, and that failure directly leads to an individual’s injury, our Chicago premises liability lawyers can help you hold the establishment legally responsible.

Eligibility to File a Premises Liability Claim

Patient falls within a healthcare setting can qualify as premises liability cases when they result from a failure to keep their premises safe. To establish these fall claims, you must generally demonstrate that the medical professionals or the hospital were negligent. To do this, you’ll need to prove four elements:

1. Duty of Care: First, you need to prove that the medical professional or hospital owed you a duty of care to prevent falls and other harm.
2. Breach of Duty: You then need to prove that they breached this duty of care through their actions or omissions.
3. Causation: You must demonstrate a direct link between the breach of the doctor’s or hospital’s duty and your fall, showing that the negligence directly resulted in injury.
4. Damages: Finally, it’s necessary to show that you suffered quantifiable harm because of the fall which could include physical injury, medical expenses for past and future medical care related to your injuries, or pain and suffering.

When these elements are established, it provides a foundation for holding the hospital or medical practitioners accountable. These cases are similar to ordinary slip and fall cases and can also apply to nursing home falls if medical negligence is involved.

Scenarios Where Falls Can Be Compensated Under Premises Liability Law

• Wet and slippery floors
• Uneven surfaces
• Obstructed walkways
• Poor lighting
• Unsafe stairways and handrails

Each of these scenarios could potentially form the basis of a premises liability claim, given the right circumstances. Our Chicago slip and fall accident lawyers can help you collect sufficient evidence of negligence on the part of the hospital.

The Fundamental Differences Between Medical Malpractice and Premises Liability Claims Involving Patient Falls

Both medical malpractice and premises liability claims involving patient falls share the common goal of recovering damages for the injured party. Victims in these cases may seek compensation for medical bills, pain and suffering, lost wages, and other related costs due to the injury.

The pursuit of justice in either context aims to hold the responsible parties accountable and provide the victim with the financial means to cope with the aftermath of the incident. There are some notable differences, though.

Medical Malpractice Claims Are Typically More Complicated

Medical malpractice claims tend to be more complex than premises liability cases. They typically require a thorough review of medical records, expert testimony, and a deep understanding of medical standards of care.

Premises liability claims can be challenging, but usually require less expert testimony.

Medical Negligence Claims Can Be Pricier

Medical negligence cases are typically more expensive to pursue than premises liability claims – the necessity for expert witnesses in medical malpractice cases significantly drives up costs.

The legal process for medical malpractice cases can be lengthier and more intricate due to the complexities of medical evidence and legal standards that need to be met. This can result in higher legal fees.

Jury Sympathy – Could be Easier to Win a Premises Liability Case

Juries often exhibit a higher degree of empathy towards healthcare professionals, such as doctors and nurses, during malpractice litigation. This bias stems from a general perception that these individuals, despite the occurrence of doctor or hospital error, are fundamentally attempting to assist and heal their patients to the best of their abilities.

This sympathetic viewpoint can influence the jury’s decision-making process, potentially skewing outcomes in favor of medical practitioners even in the face of evidence indicating medical negligence.

Jurors may be less inclined to view mistakes by property owners through an understanding lens, leading to judgments that are less forgiving in nature.

Common Hospital Fall-Related Injuries

Hospital falls can lead to a range of injuries that vary in severity, from minor to life-altering, with some of the most common including:

• Fractures
• Broken bones
• Head injuries
• Spinal cord injuries
• Sprains and strains
• Bruises and lacerations
• Internal injuries

Liability for Cases Involving Hospital Patient Falls

Hospital patient falls can lead to serious injuries and potential liability for several parties depending on the circumstances surrounding the incident. The following parties are most often legally responsible:

• Hospital staff, such as nurses and aides, can be held liable if their negligence contributes to a patient falling. This includes failures in monitoring the patient, improper use of restraints, or patient neglect, like not responding adequately to patient needs.
• The hospital administration can be held liable for systemic issues such as inadequate staffing levels, insufficient training programs, or lack of proper fall prevention protocols. A hospital can also be held vicariously liable in some instances even if they weren’t negligent as an institution.
• Facility maintenance personnel can be liable if a patient’s fall is caused by environmental factors such as wet floors, poor lighting, or improperly maintained equipment.
• Manufacturers of medical equipment used in United States hospitals can be held liable if a defect in their product contributes to a slip and fall.

What to Do Following a Fall in a Hospital

If you or a loved one experiences a slip and fall in a hospital, there are several critical steps you should take to protect your health and your rights:

• Seek Immediate Medical Attention: Immediately report the incident to medical staff and ensure an evaluation is conducted. This step is vital not only for your well-being but also for documenting the accident and its consequences.
• Document Everything: Write down as much information as possible about what led up to the fall, including any high-risk hazards like wet floors or loose cords that may have contributed. If possible, take photos of the site and circumstances to help illustrate the dangerous conditions at the time of your fall.
• Request Your Hospital Records: These might have information on potential causes or risk factors to the fall, such as failure by staff to follow proper patient mobility protocols.
• Report the Incident: Formally report the fall to hospital administration. The details of this report are crucial, as it will serve as an official account of what happened.
• Get Eyewitness Information: Gather contact information from anyone who witnessed the fall or was present immediately after. Their testimony could be important later on.
• Contact a Lawyer: Consulting with an experienced Chicago personal injury lawyer is your next essential step. An attorney knowledgeable about falls in a healthcare setting can advise you on what steps to take next and can determine if you have a valid legal claim.

Damages a Hospital Fall Attorney Can Help You Recover

If you’ve experienced a fall in a hospital, a medical malpractice attorney can help guide you through the legal process and assist in recovering various forms of damages for your injuries. These typically include some or all of the following:

• Economic Damages: These represent quantifiable financial losses, such as additional medical treatment costs resulting from the injury, rehabilitation expenses, lost wages if unable to work during recovery, and any potential future loss of income related to long-term effects.
• Non-Economic Damages: These encompass intangible losses and impacts from the fall, including pain and suffering, diminished quality of life, and emotional distress.
• Punitive Damages: Though less common than the other types, punitive damages can be pursued if there is clear evidence that the hospital’s conduct was particularly egregious or reckless – their behavior must amount to more than just ordinary negligence. These damages are intended not just to compensate the victim, but to punish the negligent party and act as a deterrent against future misconduct.

You Have Limited Time to Take Legal Action

In Illinois, victims of personal injury and medical malpractice have specific time frames within which they must file a lawsuit to seek compensation for their injuries.

For personal injury claims, the statute of limitations is two years from the date of the injury. For those under 18 filing a personal injury claim under premises liability law, the typical two-year clock starts ticking on their 18th birthday, giving them until their 20th birthday to initiate a lawsuit.

In the context of medical malpractice, Illinois law also sets the limit at two years. This period starts from the date the injured party knew or should have known of the injury, but not more than four years from the actual act of malpractice.

Minors injured by a fall related to medical malpractice have up to 8 years from the date of the treatment that caused the injuries to file a lawsuit. However, these claims must be filed prior to the injured child’s 22nd birthday, regardless of the 8-year deadline.

Contact a Hospital Fall Injury Attorney Today!

Falls in a hospital setting have the potential to cause serious injury. If you or someone close to you has fallen at a hospital due to negligence, remember that legal help is available, and you don’t need to face this challenging experience alone.

Reach out for professional support from Rosenfeld Injury Lawyers today so that we can work together towards holding the responsible parties accountable.

Contact us online or call us at (888) 424-5757.

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Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Elgin, Naperville, Rockford and throughout Illinois.

Resources: [1] Agency for Healthcare Research and Quality

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.