Chicago 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.

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

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 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.

Specific Cases We Handle

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• Medication Error Lawyer
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We also serve clients from Buffalo Grove, Elgin, Naperville, Rockford  and throughout Illinois.

Resources: [1] Agency for Healthcare Research and Quality