Can I sue a hospital for injuries from a fall because they would not help me to the restroom? 21 Answers as of February 20, 2012

I had a fall while in the hospital can sue them for not assisting me to the restroom because they knew I was sepsis. I went into the emergency room for an abscess in my private area and was admitted right away. This was may 14th. I remained in the hospital from Sunday, Monday, Tuesday and on Tuesday morning I got up to use the restroom at 6 am and that is when my abscess popped I felt fine sitting on the toilet so I proceeded to clean myself up. When I stood up I blacked out but not sure how I fell. While in the hospital the staff was cold and uncaring they treated me as an inconvenience. I sat for days waiting to get my absess drained and taken care of also I was seen by a obgyn for some stupid reason this was not even his avenue of experience and even told me that. I didn't see a surgeon till later that afternoon and even he made a statement as to why no one called him till Tuesday to get this taken care of. Now I have a torn ligament in my left knee and probably will need surgery to repair it and also a 4,500 copayment to the hospital and not to mention the visits to an orthopedic surgeon and now I am going to start physical therapy all using my private insurance and paying my copayments for that. This hospital basically blew me off and all they did was take an x ray of my leg saw that is was swollen told me nothing was wrong and sent me home with a walker. So I have been taking care of my knee on my own time with my own insurance and my own money.

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
It would appear you have a legitimate case and you could sue the hospital. However, you'll need to locate an attorney who will handle this type of a case. It would take anursing malpractice attorney and they are sometimes hard to come by, but they do exist andif they take your case, you should be compensaed for yourinjuries. Good luck.
Answer Applies to: New York
Replied: 7/18/2011
The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
It sounds like you have a very complicated set of facts which would require a thorough analysis by a reputable attorney who specializes in medical malpractice. I do not practice medical malpractice so I am not the best person to answer this question for you.
Answer Applies to: Oregon
Replied: 7/15/2011
David Hoines Law
David Hoines Law | David Hoines
very difficult claim. Would be hard to a lawyer to take it on a contingent basis.
Answer Applies to: Florida
Replied: 7/14/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
You didn't state whether or not you requested help and none was furnished. That would be a necessary element for you to have a case against the hospital.
Answer Applies to: Virginia
Replied: 7/14/2011
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
You have to jump through many hoops in order to bring a claim against a hospital for negligent medical care. That is something you probably will not be able to do correctly by yourself, so I would advise you to seek out the assistance of a competent attorney with experience handling medical negligence cases. If you have an attorney who you trust, he or she can probably give you a good referral; that would be the best way of proceeding, rather than calling an attorney who advertises on television.
Answer Applies to: Florida
Replied: 7/14/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Yes. If the hospital's care was inadequate and you were injured as a result, you have a valid claim.
    Answer Applies to: Oregon
    Replied: 7/14/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    Generally, a hospital has a duty to protect ill patients from injuries that might predictably result from their patients' conditions. So if was predictable that you could fall, and no steps were taken to prevent the fall, the hospital could be liable to you. However, in order to know for sure, a lawyer would need to fully investigate your case. You should contact one in your area.
    Answer Applies to: Oregon
    Replied: 7/14/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    This is hard to answer. If you asked for assistance and could not get assistance you could have a claim. However, if you got up and went by yourself just because you had to go, I do not see the hospital being liable for the injury.
    Answer Applies to: Alabama
    Replied: 7/14/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Speaking candidly, your statement is so full of anger it is difficult to know exactly what the fact s are. you need to get your complete hospital chart in the hands of a friendly doctor and see if he thinks you have a malpractice claim.
    Answer Applies to: North Carolina
    Replied: 7/14/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You may indeed have a case. You need to retain an attorney to pursue this.
    Answer Applies to: New York
    Replied: 7/14/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. You can file suit against the hospital. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
    Answer Applies to: Alabama
    Replied: 7/14/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    you should consult with a personal injury attorney in your area
    Answer Applies to: Connecticut
    Replied: 7/14/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    To me, it depends on whether you asked for assistance (most hospitals have buzzers or bells that allow you to call a nurse for assistance). If you did not ask for assistance, I do not believe the hospital would be liable for failing to assist you in going to the bathroom. It may be grounds if a patient with sepsis should not get up at all, and you were never warned not to get up. While being rude to you is not excusable, unless the rudeness caused your fall and injuries, I do not believe the rudeness would be grounds for a suit.
    Answer Applies to: South Carolina
    Replied: 7/14/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    The legal issue reduces to, basically, whether the treatment which you actually received for your medical condition at this hospital was in accord with the standards of care prevailing in that community at that particular time. Based upon the facts which you've described, I could not offer an opinion, but you might wish to consider arranging for a consultation with an attorney who handles medical malpractice matters in this area and who should be competent to further advise you on your particular situation.
    Answer Applies to: Virginia
    Replied: 7/14/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    You have a legitimate issue, but very few if any competent med mal lawyers in Florida would touch the case as the damages are not significant enough. Florida is tough; you have a legislature that has historically been pro-doctor and anti-patient. The damages have to be extraordinary for us to even look at the cases as they are so expensive.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    You can sue anybody for anything. Not sure you have a good claim but you should speak to a malpractice attorney.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Hospitals have a duty to ensure that their patients are not at risk of foreseeable and preventable injuries while in their case. It comes down to whether they had reason to know that you were at risk of blacking out and falling, and if so, whether they took reasonable precautions to prevent what occurred. Obviously your accident happened so the issue is whether they acted reasonably in trying to prevent it. Not all falls are preventable and not everyone in the hospital wants to be watched 24/7. It is certainly worth talking to a lawyer in your area and discussing some of the specifics of what happened. Most personal injury lawyers will speak to you for free during an initial consultation, so there's no real downside to talking with one. If you are not sure who to call, this website should help you find a lawyer in your area with the right experience.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    You may have a claim if an expert doctor and/or nurse will attest that the care in that given situation was below the standard of care in the community.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Whether you were admitted will make a difference. Your case is a complicated one. You should contact an attorney to discuss it.
    Answer Applies to: Oregon
    Replied: 7/13/2011
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