Hospital Fall, What are My Legal Rights?

Question:

My father was taken into the ER with symptoms of pneumonia. When he was admitted to the hospital and transferred to the floor, he apparently fell off the bed. It happened while he was under heavy sedatives and at fault of personnel. No one contacted us when it happened, and when we got to the hospital, they told us about it and told us how he fell.  He had a cardiac arrest and as a result of that, he’s got a brain hemorrhage and his prognosis is grave according to the doctors. I see it as a pure negligence on the part of the hospital and want to bring legal action. What are my choices?

Answer:

  When we find ourselves requiring emergency care, we are often at our most vulnerable.  Medical professionals have both a legal and moral duty to do no harm to their patients.  They must act reasonably, and take care of patients  as their colleagues in the medical field would.  If that standard of care is breached, the injured party is entitled to seek compensation for medical bills, lost wages, and pain/suffering.  There can be shorter windows of time to file the appropriate documents in such matters, particularly when a municipal hospital is involved.   Contacting an attorney shortly after an incident like this is critical to preserving all evidence of what occurred.

This legal question was provided by Avvo and answered by Andrew Connelly an experienced New York Personal Injury Attorney.  This does not consent an attorney client relationship.