When an individual seeks treatment at a medical facility, they expect to receive the highest level of care and respect possible. That includes being kept safe before and after their treatment. However, while under the care of healthcare professionals, accidents occur. Unfortunately, it is not uncommon for someone to sustain injuries due to an inpatient fall while being treated in a healthcare facility.
The Agency for Healthcare Research and Quality (AHRQ) estimates that around 700,000 to 1 million hospitalized patients suffer falls every year. These falls often lead to serious injuries. In fact, studies have shown a link between the immobility caused by a broken hip (even reparable hips) and death in elderly patients. As you can see, inpatient falls are serious matters, but do these falls constitute medical malpractice?
In many cases, especially if the individual who fell was a patient, you can file a medical malpractice claim if you suffered an inpatient fall. However, these cases are complicated. After all, the injuries did not occur during treatment.
The New Orleans medical malpractice attorneys at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. have years of experience assisting with their client’s medical malpractice claims, fighting to secure fair and just compensation for the damages they suffered. Our team possesses a thorough understanding of medical law and have the resources to prepare and to litigate your case thoroughly.
Common Inpatient Fall Injuries
Due to the nature of these falls, a host of things can occur. Often, these patients are in vulnerable states because of the treatment they have or are receiving. The traumatic impact of inpatient falls can lead to severe outcomes.
Some of the most common injuries sustained in these accidents include:
- Broken hips
- Broken wrists
- Broken arms
- Broken ankles
- Broken legs
- Soft tissue wounds
- Traumatic brain injuries
These injuries also cause patients to worry about falling again, which causes them to cut down on their physical activity. When a patient is less active, they become weaker, which not only increases their risks for falls but also increase their chance of death.
Filing a Medical Malpractice Claim
Inpatient falls are preventable and are considered “never events,” meaning they should never occur. In most cases, these falls occur because healthcare providers failed to the follow necessary precautions to keep patients.
While seeking treatment in a healthcare facility, a standard of duty is established. These facilities and the providers within them have a responsibility to have reasonable policies and practices in place compared to other competent similar facilities that provide a safe environment for their patients.
You must prove that a doctor breached this duty of care, and this breach led to your injuries. If a facility fails to follow reasonable safety practices that a competent facility, they can be found negligent.
Inpatient falls can be complicated, as is the case with all medical malpractice lawsuits. However, the New Orleans attorneys at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. have been representing clients across Louisiana and Mississippi over an array of medical malpractice lawsuits. With our extensive knowledge of medical laws and our decades of experience, we have the tool necessary to secure the compensation you deserve.