Dealing with fall injuries while at a hospital can be frustrating and stressful. If you’re an in-patient victim, a fall accident may derail your recovery process since you must stay in the medical facility much longer. Fall injuries can also add up to your current medical bills, making it more physically and mentally stressful for you.
Because of the economic and non-economic losses you’ve sustained, you may be eligible to file a claim to seek compensation for your fall injuries in the hospital. Nonetheless, in doing so, you need to know who can be held liable for what happened based on laws in the United States. In that case, you should determine first whether the fall resulted from medical malpractice or ordinary negligence based on premise liability.
Read on to learn more.
Medical Malpractice Or Premise Liability As A Ground For Fall Injury Claim
Generally, failures at the hospital may lead to a medical malpractice claim or an ordinary negligence claim based on premise liability, depending on the unique circumstances of your case. Knowing the distinction between the two personal injury cases can be vital since they have different implications based on how the case will proceed and the damages to be recovered.
For instance, medical malpractice cases are more challenging to prove. They require the assistance of expert witnesses to demonstrate how your case satisfies the elements of the claim for it to be valid. Also, in medical malpractice, damages are capped, which means there’s a limit on how much compensation you can recover. On the other hand, in premise liability claims, there are no expert witness requirements and no limits on the compensation you can receive.
Due to these complexities, hiring a legal professional can be an excellent idea. For instance, if you’re from Broward Country in Florida or wherever you may be, a Broward County personal injury lawyer can help you navigate a medical malpractice or a premise liability claim. They can offer legal advice, properly investigate the accident, gather evidence, and negotiate with the insurance company on your behalf.
If the insurance negotiations are unfavorable, a personal injury lawyer can help file a lawsuit in court and provide solid legal representation throughout the proceedings.
Fall Injuries As Medical Malpractice
It’s essential to know that fall injuries can be a subject of a medical malpractice claim if a medical professional’s negligence causes it. For a medical malpractice claim to prosper, the following elements must be present:
- The medical professional owed a duty of care to the patient;
- That duty of care was breached by committing negligent actions;
- The patient sustained injuries; and
- The injuries resulted in damage.
You should prove these elements to have a valid medical malpractice claim. Yet for fall injuries at a hospital to be considered a ground for malpractice, the fall accident should be caused by a medical professional’s failure to provide a reasonable duty of care.
The following are some common scenarios of how a medical professional’s negligence can cause a fall injury at a hospital:
- A physician fails to diagnose or misdiagnose a medical condition that affects a person’s balance;
- The patient’s risk of getting into a fall accident due to a condition that affects balance wasn’t appropriately assessed; and
- The patient encountered a fall accident due to overmedication, and they’re unaware of the medication’s side effects, which include balance issues.
When you suffer a fall injury due to any of these situations, filing a medical malpractice claim can be an excellent legal remedy to obtain compensation and hold the at-fault party liable for what happened.
Fall Injuries As A Subject Of Premise Liability Claim
Apart from medical malpractice, fall injuries at a hospital can result from ordinary negligence based on premise liability. Under the premise liability law, property owners or managers are responsible for ensuring the safety of the people visiting the property. This responsibility applies to medical facilities, including hospitals.
Henceforth, if a patient or anyone visiting the hospital figured in a fall accident due to the property’s unsafe conditions, they may pursue a premise liability claim to seek compensation. Common safety hazards that can cause fall accidents at hospitals include:
- Inadequate security;
- Broken floors and handrails;
- Unsecured carpeting;
- Poor lighting;
- Unsecured wirings;
- Poor lighting; and the like.
Suppose you’ve been injured in a fall accident at a hospital due to any of these safety hazards. In that case, you should initiate a premise liability claim which is much less complicated and costly than filing a medical malpractice claim.
Being injured in a fall accident can be challenging, especially if you don’t know the best way to move forward legally. Depending on the circumstances of your case, your fall injuries can be the subject of a medical malpractice claim or a premise liability claim. Yet if you want to know the appropriate legal remedy for your situation, it’s best to remember the abovementioned information from the beginning.