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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.

Chicago hospital patient fall lawsuit
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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.

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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. 

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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. 

See if you have a sip and fall case

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.

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.