Understanding Accountability
When patients are admitted to a hospital, they trust that the healthcare providers will prioritize their safety and well-being. Unfortunately, a serious hospital falls can lead to devastating consequences, including traumatic brain injuries (TBI). When such incidents occur due to negligence, the healthcare facility must be held accountable.
At Van Wey, Metzler & Williams, PLLC, we are committed to ensuring that patients who suffer serious injuries from falls in hospitals receive justice and proper compensation. Whether the injury was a result of understaffing, improper safety protocols, or negligent care, our experienced legal team can help.
The Serious Consequences of Hospital Falls
Falls in hospitals are alarmingly common, with the Agency for Healthcare Research and Quality estimating that between 700,000 and 1 million people in the United States experience a fall in a hospital setting each year. Of these falls, 30 to 51 percent result in injuries, many of which are severe, including fractures, spinal injuries, and traumatic brain injuries (TBI). For elderly or vulnerable patients, these injuries can lead to permanent disability or even death.
Falls in a hospital setting can have devastating consequences, especially for vulnerable patients. Hospitals have a responsibility to ensure the safety of their patients, particularly those at a higher risk of falling. When a fall occurs due to negligence or a failure to meet safety standards, the hospital may be held liable for the resulting injuries, including traumatic brain injuries. Preventing falls is not just a matter of care—it is a legal obligation.
Hospital Responsibility for High-Risk Patients
Hospitals are expected to identify patients who are at an increased risk of falling, such as those with mobility issues, cognitive impairments, or on medications that affect balance or consciousness. A failure to properly assess these risks and implement necessary safety measures—such as bed alarms, mobility assistance, or regular monitoring—can lead to serious accidents. When hospitals neglect these responsibilities, they may be held accountable for the harm caused.
Specific Responsibilities in Caring for Older Adults
Older adults face heightened risks for falls due to factors like age-related physical decline, complex medication regimens, and underlying health conditions. Hospitals have a duty to recognize these risk factors and take extra precautions to ensure patient safety. Failing to provide adequate supervision, assistance, or implementing safety protocols can result in severe injuries for older patients, and hospitals may face liability for not meeting the required standard of care.
Hospitals are responsible for safeguarding their patients, and when they fall short of these duties, legal action may be the only recourse for those affected. If hospitals fail to take the proper precautions and a fall occurs, they can be held legally responsible for the injuries sustained.
Brain Injuries from Hospital Falls
One of the most devastating outcomes of a fall is a traumatic brain injury. A TBI occurs when a patient strikes their head during a fall, leading to internal bleeding, swelling, or damage to brain tissue. In severe cases, TBIs can cause permanent cognitive impairment, loss of motor function, memory issues, and even death.
Patients who suffer from a TBI often require long-term medical care, rehabilitation, and ongoing support, all of which can place a significant financial burden on families. If a hospital’s negligence contributed to the fall, it is critical to seek legal advice to determine if you are entitled to compensation.
Whose Fault Is It When a Patient Falls in the Hospital?
The question of fault in hospital falls is not always straightforward. However, hospitals and healthcare providers have a duty to ensure the safety of their patients and prevent foreseeable harm. According to the Centers for Medicare & Medicaid Services (CMS), hospital falls are considered “never events.” This term refers to incidents that should never happen when appropriate safety measures are in place.
When a patient falls in a hospital, it often points to a failure in the hospital’s safety protocols. Some common causes of hospital falls include:
- Negligent nurses who fail to provide proper care.
- Nurse shortages that lead to inadequate patient supervision.
- Improperly trained staff who are unaware of fall prevention protocols.
- Lack of communication among nursing staff, which results in missed or delayed responses to patient needs.
- Failure to follow lifting and transfer techniques properly.
- Failure to utilize bed rails, alarms, or lifting devices to prevent falls.
- Delays in responding to patients’ requests for assistance, such as helping them use the restroom.
These issues, combined with an overall lack of a hospital safety culture, can create an environment where patients are at risk of serious falls.
Hospitals’ Responsibility to Prevent Falls
Hospitals must assess each patient’s fall risk upon admission and throughout their stay. If a patient is determined to be at high risk for falling, the hospital must implement specific fall prevention measures tailored to the patient’s condition. These precautions may include:
- Assigning additional staff to monitor the patient
- Installing bed and chair alarms
- Providing non-slip socks or footwear
- Utilizing bed rails
- Ensuring that the patient has easy access to a call button and that staff respond promptly
- Assisting the patient with mobility, such as helping them to the restroom
Failure to implement or follow these safety measures may be considered negligence. Hospitals have policies and procedures that outline how they are supposed to protect high-risk patients, and failure to follow these guidelines can be used as evidence in a lawsuit.
Hospital Falls and Your Legal Rights
If you or a loved one has suffered a serious fall in a hospital, you may be wondering about your legal options. Hospital falls that result in brain injuries can lead to long-term medical costs, physical limitations, and emotional distress. The law allows victims of medical negligence to seek compensation for these damages, which may include:
- Medical expenses for treatment and rehabilitation
- Lost wages if the victim is unable to return to work
- Pain and suffering related to the physical and emotional toll of the injury
- Long-term care costs if the victim requires ongoing assistance or therapy
Hospital Negligence and Medical Malpractice
When hospitals fail to prevent falls, they may be liable for the resulting injuries. Hospitals are required to follow a standard of care that ensures patients are safe during their stay. This means that they must take reasonable steps to prevent falls, particularly when dealing with elderly or incapacitated patients.
If hospital staff fails to follow these protocols, the hospital can be held liable for medical malpractice. However, establishing liability requires a thorough investigation of the patient’s medical records, hospital policies, and testimony from medical experts.
Investigating a Fall in a Hospital
To successfully pursue a lawsuit for a hospital fall, it is essential to investigate all aspects of the incident. At Van Wey, Metzler & Williams, PLLC, we have extensive experience handling these types of cases. Our approach includes:
- Examining medical records to determine if proper fall precautions were documented and followed
- Interviewing witnesses such as nurses, doctors, or other patients who may have seen what happened
- Reviewing hospital protocols and safety procedures to identify any gaps in patient care
- Consulting with medical experts who can provide insight into how the hospital should have handled the situation
By thoroughly investigating the circumstances of the fall, we can build a strong case to hold the hospital accountable for its negligence.
How Van Wey, Metzler & Williams Can Help
Our firm is dedicated to helping victims of hospital falls and brain injuries recover the compensation they deserve. We understand the devastating impact a brain injury can have on both the victim and their family, and we are committed to providing compassionate and aggressive legal representation.
If you or a loved one has suffered a serious brain injury due to a fall in a hospital, don’t hesitate to contact us for a free consultation. We will review the facts of your case, answer your questions, and help you determine the best course of action. Our goal is to ensure that negligent hospitals are held accountable for their actions and that our clients receive the justice they deserve.
In Conclusion
Hospital falls are a serious issue, particularly when they result in brain injuries. When hospitals fail to take the necessary precautions to protect their patients, they must be held accountable. At Van Wey, Metzler & Williams, PLLC, we are here to help you navigate the legal process and pursue the compensation you need to recover. Contact us today to learn more about how we can assist you in your hospital fall case.
