Do we have a case of medical malpractice if my mother fell out of bed twice in rehab? 15 Answers as of March 07, 2014

Mother was in a rehab and she wasn't cared for appropriately. She fell out of bed two times. Neither times did she have side rails on her bed etc.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Possibly, but it is not a medical case, it is nursing home liability and/or nursing malpractice.
Answer Applies to: Michigan
Replied: 3/7/2014
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
This probably could be pursued. The big question at the outset is, what injuries did she sustain? If significant, the matter should be fully discussed, to determine the best way forward.
Answer Applies to: Michigan
Replied: 3/6/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.
Answer Applies to: California
Replied: 3/5/2014
James M. Chandler | James M. Chandler
You need to talk to an attorney that specializes in injury accidents to determine the liability of the rehab hospital.
Answer Applies to: California
Replied: 3/5/2014
The Bryan Law Firm, L.L.C.
The Bryan Law Firm, L.L.C. | Douglas L. Bryan
Your mother very well may have a good case. You should discuss this matter with an attorney that handles medical malpractice matters as soon as possible.
Answer Applies to: Louisiana
Replied: 3/4/2014
    Gates' Law, PLLC | Thomas E. Gates
    But, what were her injuries. While it is negligent to not put the rails, if there is not any damages then there is no claim.
    Answer Applies to: Washington
    Replied: 3/3/2014
    Pius Joseph A Professional Law Corp. | Pius Joseph
    It may be a an "Elder Abuse" and negligence claim.
    Answer Applies to: California
    Replied: 3/3/2014
    David Hoines Law
    David Hoines Law | David Hoines
    Maybe negligence claim if she was hurt.
    Answer Applies to: Florida
    Replied: 3/3/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    More information is necessary. If she was there for rehab and does not suffer from dementia, I see no duty for rails or other safeguards. To be sure, you need to provide details to an attorney which will not cost you anything. Moreover, you do not state whether your mother injured herself in the falls.
    Answer Applies to: Illinois
    Replied: 3/3/2014
    Bretz & Young
    Bretz & Young | Matthew L. Bretz
    There may be a viable malpractice case if there were orders for side-rails which were not followed. Or if the fall assessment was such that bed-rail should have been ordered. There are also less restrictive alternatives that a nursing home can provide such as re-positioning the resident, bed alarms, etc.
    Answer Applies to: Kansas
    Replied: 3/3/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    But was she hurt by falling out of bed? Was it a major injury or only a bruise. If a major injury, it may be worth talking with a local personal injury attorney. If only minor bruising, she didn't suffer enough to recover anything.
    Answer Applies to: Idaho
    Replied: 3/3/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You did not say if she were hurt. You don't get any credit for falling. You have a medical question. Get the chart, see what it says about the matter and then let your doctor review it.
    Answer Applies to: North Carolina
    Replied: 3/3/2014
    Mishkind Law Firm, Co., L.P.A.
    Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
    Your mother may have a claim for medical negligence against the rehab facility. Patient neglect and patient abuse fall within the definition of a medical claim whether it is against a hospital or a nursing home. There are certain guidelines that the facility must follow and if your mom was a fall risk and they did not comply with the protocols and she fell and seriously injured herself, you should promptly discuss this with an attorney. Depending on the type of injury and the impact this had on your mom the claim may be very appropriate to pursue.
    Answer Applies to: Ohio
    Replied: 3/3/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    It's possible, but it will take the opinion of a medical expert to answer the question. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
    Answer Applies to: Alabama
    Replied: 3/4/2014
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Medicare, Medicaid and many insurance companies classify patients falling out of bed as "never events". Meaning they should never happen. You will need to sit down with a lawyer probably in a larger city close to the community where it occurred.
    Answer Applies to: Iowa
    Replied: 3/3/2014
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