Patients and their loved ones expect hospitals to maintain a safe environment, but a single act of negligence often creates the ideal conditions for a slip-and-fall accident. While the hospital may be responsible for the victim’s damages, not all injuries sustained in health care facilities automatically qualify as medical malpractice. Whether your fall constitutes malpractice or normal negligence will depend on a variety of factors, including your patient status and the reason you fell. Here’s what you need to know.
Is a Hospital Fall Medical Malpractice?
Your Status as a Patient
To prove medical malpractice, you must establish that the victim and the liable party had a doctor-patient relationship. If you’re receiving inpatient care in a hospital, this is usually relatively straightforward. However, if you’re visiting a loved one in the hospital, your injuries will likely be considered the result of negligence, just as if you’d fallen in a grocery store or parking lot.
The Cause of Your Fall
Even if you’re a patient in a hospital, not every slip-and-fall injury is automatically considered medical malpractice. For instance, slipping on a puddle of water or tripping over a hazard will likely be considered a standard personal injury claim.
However, in other instances, your fall may have been the result of substandard medical care, which may be considered malpractice. Many patients lose consciousness and fall due to medication interactions the doctor or pharmacist should have noticed. In other cases, you may have been misdiagnosed, leaving you with limited mobility that increases your risk of falling. Not having the help you need when getting out of bed can also constitute medical malpractice if the health care providers should have recognized the risk.
If you’ve suffered a fall in a hospital, collecting the compensation you deserve often requires the expertise of a skilled law firm with the resources and experience to fight for your rights. As a premier law firm serving New York’s Rockland and Orange counties, Neimark & Neimark has over a century of combined legal experience and a reputation throughout the Hudson Valley for providing aggressive representation to those who need it most. Visit their website for more on their medical malpractice services, or call (888) 725-7424 to discuss your injuries and arrange a consultation.