Hospital Slip and Fall – How to Determine Negligence

wet floor sign at a hospital, preventing a hospital slip and fall
Tags catastrophic tort, medical malpractice, medical malpractice lawyer, medication errors, personal injury, personal injury lawsuit, personal injury lawyer, slip and fall

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Did you suffer from a hospital slip and fall? If you experienced significant injuries from a fall as a patient at a hospital, you may be able to pursue financial compensation through a personal injury or medical malpractice case. However, there are many factors to consider – not every case is the same, and not every injury is a viable legal case.

In general, if a patient slips and falls at a hospital, it is unlikely to be considered a case of medical malpractice. Medical malpractice typically refers to cases where healthcare professionals or medical facilities provide substandard care or fail to meet the accepted standard of care, resulting in harm to the patient. Slipping and falling at a hospital would typically fall under the realm of premises liability or personal injury law, rather than medical malpractice.

Premises liability refers to the legal responsibility of property owners or occupiers to maintain a safe environment for visitors or guests. If a patient slips and falls due to a hazardous condition, such as a wet floor, inadequate lighting, or a negligent maintenance issue in the hospital premises, they may have grounds to pursue a premises liability claim against the hospital.

To determine the viability of a lawsuit, several factors need to be considered, such as whether the hospital was aware or should have been aware of the hazardous condition, whether they took reasonable steps to address it, and whether the patient’s own actions contributed to the fall.

It’s important to consult with a personal injury attorney who specializes in premises liability or personal injury law to evaluate the specific circumstances of the slip and fall incident at the hospital. They can provide personalized advice based on the applicable laws in the jurisdiction where the incident occurred and help determine whether pursuing legal action is appropriate.

While slipping and falling at a hospital is generally not considered medical malpractice, there are situations where it could potentially be viewed as such. Medical malpractice occurs when healthcare professionals or medical facilities deviate from the standard of care expected in their field, resulting in harm to the patient. Here are a few scenarios where a slip and fall at a hospital might be considered medical malpractice:

  • Negligent Patient Supervision: If a patient requires assistance with mobility, such as walking or transferring from one place to another, and the healthcare providers fail to provide adequate supervision or assistance, resulting in a fall, it could potentially be seen as a breach of the standard of care.
  • Medication-Related Factors: If a patient falls due to the side effects or adverse reactions of medication administered by healthcare professionals, it may be considered medical malpractice if proper precautions or monitoring were not undertaken.
  • Improper Bedside Assistance: If a patient falls while trying to get out of bed due to inadequate assistance or guidance from hospital staff, and this lack of assistance can be attributed to negligence or failure to follow protocols, it might be considered medical malpractice.
  • Inadequate Safety Measures: If a patient slips and falls due to a hazardous condition that should have been addressed by the hospital, such as a wet floor or unsafe walking surface, and the hospital was aware or should have been aware of the condition but failed to take appropriate measures to mitigate the risk, it could potentially be seen as medical malpractice.

It’s important to note that the determination of medical malpractice requires a thorough evaluation of the specific circumstances and the applicable legal standards in the jurisdiction. Consulting with a personal injury attorney who specializes in medical malpractice cases would be crucial in assessing the viability of a claim and pursuing legal action, if appropriate.

Get in touch with the team here at Merson Law by filling out our contact form or by calling us at 212-603-9100.

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