Can a Hospital be Responsible for Patient Falls?
What are Hospitals’ Responsibilities Relating to Patient Falls?
Hospitals owe patients a duty of care while the patient is under their care. The Agency for Healthcare Research and Quality, a division of the U.S. Department of Health and Human Services, has determined that certain events are “Never Events” because they should never happen. Such events are usually preventable, identifiable, measurable, and may result in serious injury or death.
Slips and falls are on the list of Never Events. When a patient falls, it is a reportable event. A few years ago, falls were killing about 11,000 people a year in hospitals and up to a million were falling. Due to the implementation of fall prevention protocols in hospitals like the Center for Disease Control’s STEADI program, those numbers are dropping. But the right number is zero.
Factors that contribute to falls include poor lighting, slippery floors, loose carpets or wires, broken steps, uncleared snowy or icy sidewalks, slippery accumulations of leaves, broken handrails, and clutter.
Patients should be assessed for things that put them at risk of falling including weakness, fatigue, neurological disorders, and blurry vision.
Providing patients with non-slip footwear can prevent falls.
In Case of Medical Malpractice
Litigation involving patient falls in hospital lawsuit can involve malpractice if clinical staff, such as when doctors, nurses, and physical therapists failed to do their job to keep the patient safe. The specific responsibilities a hospital has to safeguard patients against falls is documented in two ways. The first relate to industry standards that are applicable to all hospitals. Protocols in hospitals are highly regulated and failure to follow industry practices can be considered malpractice.
In addition, the hospital will have policies and procedures. Failure to follow internal procedures can be evidence of negligence in patient falls in hospital lawsuit cases.
A fall can also be negligence attributable to the property owner that is not medical malpractice. Owners are responsible for maintaining the property in a safe manner. If a physical element of the property, such as loose strings on the carpet, caused the fall they may be responsible under negligence laws.
Are the Premises Safe for Patients?
Hospitals are obligated to maintain a safe environment for patients and visitors. If liquids spill, they must clean them up quickly to prevent falls. If a patient who needs assistance to use the bathroom calls for help, the staff must respond quickly so the patient doesn’t attempt to make it on their own. This means the hospital must maintain adequate staff so their employees can respond in a timely manner.
Falls are the number one cause of injury to hospital patients.
Throughout the patient’s stay in the hospital, industry protocols require staff to assess the fall risk and take appropriate action to manage the patient’s risk of falling. This assessment should be ongoing because changes in the patient’s condition can further impair mobility and medications can affect their stability or memory.
It is possible that a noncompliant patient will have contributory negligence because they didn’t request assistance when getting out of bed after being told to get assistance first. Fall precautions are taken for a reason. Falls can cause broken hips, traumatic brain injuries, and other disabling and life-threatening injuries.
While it is important to properly train the cleaning crew, it is equally important to have policies that require every employee contribute to maintaining a clean and safe environment. Every employee should be attuned to tripping hazards or fluids that could cause someone to slip and know to take action to immediately rectify the hazardous situation.
In either type of situation, liability can come into play if they did not take steps to prevent a foreseeable injury. If they knew, or should have known about the risk, and failed to act to prevent your injury, they may be liable.
Steps to Take After a Slip and Fall Accidents in Hospital
If you or a loved one suffered a serious injury from a fall in a hospital as a patient, visitor, or employee, you should consult a slip and fall lawyer to discuss the circumstances surrounding the fall. Falls are a specific type of injury that require a knowledgeable attorney to protect your interests.
An injury attorney in Las Vegas will help you determine whether to file the claim as a medical malpractice case as the result of negligent nurses or systematic issues in the organization such as understaffing, improperly trained staff, poor communication protocols or a culture that doesn’t give patient safety the attention it deserves.
If you are worried about being attacked by a dog that is demonstrating aggressive behavior or you are under attack, the right course of action will depend on what is available to you. If a dog is behaving aggressively toward you which can include obvious signs like growling, lunging at you, baring its teeth or snarling or less obvious signs including freezing with its attention focused on you or making direct eye contact with you, stay as calm as possible. A dog may also stick its chest out in a sign of aggression.
The dangers associated with driving while sleep deprived expand beyond reckless driving. Serious accidents including Three Mile Island, the Exxon Valdez, and the Challenger disaster were all tied to sleep deprivation.
Pedestrians wearing dark clothing
Most states expect drivers to focus on hazards on the street and a pedestrian qualify as one. Drivers have a commitment to see and keep away from things when on the road.
No one likes to be involved in an accident, but unfortunately, accidents on the road, at homes, and workplaces are an unavoidable part of life. It is bound to happen to anyone, regardless of income or location.
Now that you know the time period by which you should file a case, get on it at the earliest. Here is a step-by-step process on how you can file a lawsuit.
Even if you’re an exceptional diver, accidents do happen and spare no one. Do not expect drivers of nearby vehicles to abide by the road rules or move through traffic in a predictable manner as you do. You should always be alert of your surroundings to take any preventive measures if necessary.
Basically, anything can be considered a cognitive driving diversion which takes your mind away from the traffic conditions around you. Some instances are:
Driving is a complicated activity. You need to focus on the road, the different drivers on the bustling lanes, the pedestrians, the noisy backseat drivers, and everything in between. But no matter how careful you are car accidents do happen.
Minor accidents are often termed as a fender-bender. The general opinion is that fender-bender is not big a deal, but the truth is it is a big deal for the victim. Imagine your car is damaged or you have sustained minor physical injuries in a fender-bender. Fixing your car as well as getting medical help for your injuries is going to cost you some money. Why should you spend, regardless of how low it is, from your pocket for the mistake committed by someone?
Most fender-bender cases tend to revolve around car accidents. Any accident is the result of some driver’s mistake and it is only fair that the driver is held financially and morally accountable for this lapse or negligence. Hence, they should pay fair compensation to you for the damage sustained to your car or the medical expenses pertaining to any physical injuries you may have had in this regard.
A better strategy is to reach out to a Las Vegas personal injury attorney who specializes in Las Vegas fender-bender cases. These attorneys understand the state and federal laws pertaining to such cases and can provide the right guidance. Also, they will be able to estimate your compensation from their experience and will work with you to get the highest possible compensation from the person at fault or the insurance company.