How To Claim For A Family Member After A Hospital Fall

Common Injuries and Clinical Negligence Claims

Hospital patients do sometimes fall and here is a guide on how to claim for a family member after a hospital fall. Hospitals are where we turn to for healing and care. They generally have strict safety measures in place. However accidents do happen.

A fall in hospital may result in a serious injury and is especially concerning if it happens to an elderly or vulnerable family member. While not all hospital falls may result in a claim for negligence, hospital have a legal responsibility to protect patients from avoidable harm.

If you suspect that your loved one’s fall was due to a failure in care, but unsure whether you have a claim, contact us. We work with lawyers who work on a ‘No Win, No Fee’ basis and who can assess your case.

Potential Injuries from a Hospital Fall

Falls in hospital can cause a wide range of injuries, from minor bruises to severe trauma. The severity of the injury often depends on the patient’s age, physical health, and the nature of the fall itself. Here are some of the common injuries:

Fractures and Broken Bones: Elderly patients are at a higher risk of bone fractures. Hip fractures are among the most serious, often requiring surgery and extended rehabilitation.
Head Injuries: A fall can lead to head trauma, including concussions or more severe brain injuries.
Cuts and Lacerations: Patients may suffer wounds requiring stitches or further medical intervention.
Spinal Injuries: In serious cases, a fall might cause damage to the spine, which may potentially result in chronic pain.

How Falls May Happen

While hospitals are expected to maintain high safety standards, falls can occur for various reasons, some of which may be avoidable. Common causes include:

Inadequate Risk Assessments: Healthcare providers should assess every patient’s risk of falling upon admission. Failure to do so increases the chances of accidents.
Poor Supervision: Some patients require closer monitoring, especially those with dementia, confusion, or balance issues. A lack of supervision can lead to them attempting to move unaided which can be risky.
Unsafe Environment: Cluttered floors, wet surfaces, poor lighting, or lack of handrails can create hazardous conditions for patients.
Faulty or Inappropriate Equipment: Using the wrong type of bed or mobility aid, or equipment in disrepair, can contribute to a fall.
Failure to Follow Care Plans: An incident may happen if a patient is known to be at risk and a fall prevention plan is not properly implemented. Examples include failing to use bed rails or provide assistance when moving.

Can You Make a Clinical Negligence Claim?

If your loved one has suffered a fall in hospital, you may be wondering whether it was simply an unfortunate accident or a preventable incident. Clinical negligence occurs when a healthcare professional or organisation fails in their duty of care, resulting in avoidable harm to a patient.

To make a successful claim, here are three key elements to consider:

Duty of Care: It must be shown that the hospital owed a duty of care to the patient. In hospital settings, this is usually straightforward as medical staff are legally obliged to ensure patient safety.
Breach of Duty: There needs to be evidence that the hospital breached this duty. This might involve failing to carry out a risk assessment, not supervising a high-risk patient, or leaving hazards in a patient’s path.
Causation: Finally, it must be demonstrated that the breach is directly linked to the injury. This means showing that the injury would not have occurred if proper care had been taken.

How to Pursue a Claim

If you believe a fall was due to negligence, you should speak to a solicitor who has experience in clinical negligence. They will assess your case and advise whether you may have a valid claim.

Generally clinical negligence claims need to be made within three years from the date of the incident or from when you became aware that negligence caused the injury. There are exceptions for children and patients who lack mental capacity.

If your loved one, has suffered from a fall in hospital which may result from negligence, Jefferies Claims can guide you through the process.

We work with highly experienced lawyers in this field who operate on a ‘No Win, No Fee’ basis. We will give you the support and understanding you need at this difficult time. Call us at 0333 358 3034 or visit Jefferies Claims Contact Us Page to learn more with a free, no-obligation consultation.