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Decatur and Huntsville Hospital Fall Attorneys
Best Lawyer Near Me
People of all ages are at risk of falling in a hospital, rehabilitation facility, or nursing facility. Most falls that occur in hospitals involving patients in their care are completely preventable by the hospital medical staff. If you or a loved one has been injured in a fall at a hospital, a proper investigation needs to be performed to determine the reason for the accident. Call us today if you or a loved one has been a victim of a hospital fall, and we will advise you on your rights, free of charge and with no obligation. Call 256-534-3435. We can help.
Causes of Hospital Falls in Alabama
Hospital falls in Alabama can happen for many different reasons. Some of the reasons for hospital falls and injuries include the following:
- The hospital is understaffed.
- The hospital staff fails to identify the patient as “at-risk” for falling.
- The patient is taking medications that cause dizziness, drowsiness, or loss of balance.
- The patient has undergone orthopedic (hip replacement, etc.) or back surgery.
- The patient is out of bed too quickly after the procedure (early ambulation)
- The patient becomes lightheaded.
- The patient is not transferred properly from table to bed or bed to table
- Patient is not assessed, or incorrectly assessed, properly as a “fall risk” during the intake procedure or stay
- Proper equipment for mobility. Walkers, wheelchairs, and other devices are not available to prevent falls.
- Transfer assistance. Many falls happen when the patient is transferring from one place to the next, such as exiting the bed to use the bathroom or bedside toilet
- Fall precautions, policies, and procedures are simply not in place or not followed
- Nurse call systems are not in working order and within reach of the patient.
- Bed rails not functioning properly
- Alarms. Nursing staff do not have alarms in place in case a patient who should not be moving tries to leave their bed.
Alabama Hospital Fall FAQs
What should I do after a fall in an Alabama hospital?
Request immediate medical evaluation, report the fall, ask that an incident report be completed, identify witnesses, photograph the location and injuries if possible, preserve clothing and footwear, and obtain copies of relevant medical records. Do not delay necessary treatment to gather evidence.
Are hospital patient falls always preventable?
No. Some falls occur despite reasonable precautions, while others may result from inadequate assessment, supervision, assistance, equipment, or safety procedures. A case-specific investigation is necessary.
What commonly causes patient falls in hospitals?
Common factors include inadequate fall-risk assessment, understaffing, medication effects, weakness after surgery, unsafe transfers, lack of mobility devices, defective call systems, missing alarms, malfunctioning bed rails, poor communication, and failure to follow fall-prevention protocols.
Who is considered at high risk for a hospital fall?
Risk may be higher for older adults, patients with balance or cognitive problems, people taking sedating or blood-pressure medications, patients recovering from surgery, and anyone with weakness, dizziness, or a prior fall history. Clinical staff must assess the individual patient.
What is a hospital fall-risk assessment?
It is a clinical evaluation used to identify factors that increase a patient’s likelihood of falling. The results may guide precautions such as assistance with walking, alarms, closer observation, mobility devices, and placement of needed items within reach.
Can a hospital be liable for failing to identify a patient as a fall risk?
Potentially. Liability depends on the applicable standard of care, the information available to staff, precautions taken, causation, and resulting injury. Medical records and qualified expert review may be required.
Can medication-related dizziness support a hospital fall claim?
Possibly. The investigation may examine whether staff recognized medication effects, reassessed the patient, provided assistance, warned the patient, and implemented appropriate precautions.
What if the patient fell while getting out of bed or going to the bathroom?
Falls during toileting and transfers may involve inadequate assistance, an unreachable call button, delayed staff response, missing alarms, improper footwear, unsuitable equipment, or failure to follow the care plan.
What if the patient fell during a transfer between a bed, chair, or table?
A transfer fall may involve inadequate staffing, poor technique, failure to use a gait belt or mechanical lift, unsuitable equipment, communication problems, or failure to account for the patient’s condition.
Can defective bed rails, alarms, or call systems create liability?
Potentially. A hospital, contractor, maintenance provider, or equipment manufacturer may be relevant if a defective or unavailable safety device contributed to the fall. The equipment and service records should be preserved.
Is a hospital fall claim medical malpractice or premises liability?
It depends on why the fall occurred. Claims involving clinical judgment, patient assessment, medication, supervision, or medical transfers may involve medical-negligence law, while a general property hazard may involve premises liability. Some cases may include both theories.
What evidence is important in a hospital fall case?
Evidence may include medical and nursing records, fall-risk scores, care plans, medication records, incident reports, staffing records, rounding logs, alarm data, call-light records, video, photographs, witness statements, policies, training materials, and equipment-maintenance records.
Can I obtain the hospital’s internal incident report?
Hospitals often treat incident reports differently from ordinary medical records, and discoverability can depend on how the document was created and applicable privileges. An attorney can seek appropriate records and determine what may be obtained.
What injuries are common after hospital falls?
Hospital falls can cause hip and other fractures, traumatic brain injuries, internal bleeding, spinal injuries, surgical-site damage, dislocations, soft-tissue injuries, loss of mobility, and complications that prolong hospitalization.
What compensation may be available for an avoidable hospital fall?
Depending on the claim, recoverable damages may include additional medical expenses, rehabilitation costs, lost income, pain and suffering, disability, disfigurement, and other legally recognized losses.
Can a rehabilitation facility or nursing facility be liable for a patient fall?
Potentially. Similar issues can arise in rehabilitation centers, skilled-nursing facilities, and nursing homes, including risk assessment, staffing, supervision, transfers, equipment, medication monitoring, and compliance with the care plan.
Can a family pursue a wrongful-death claim after a fatal hospital fall?
Alabama law may allow the personal representative of the estate to pursue a wrongful-death action when legally actionable conduct caused the death. Medical causation and Alabama’s special wrongful-death rules require careful evaluation.
How long do I have to file a hospital fall claim in Alabama?
Different deadlines and procedural rules may apply to medical-negligence, premises-liability, product, governmental, and wrongful-death claims. Obtain case-specific legal advice promptly so evidence and applicable deadlines are protected.
How much does it cost to discuss a hospital fall case with Ferguson & Ferguson?
Ferguson & Ferguson offers a free, no-obligation consultation. The firm can review the circumstances and explain any proposed fee arrangement and the types of expert evaluation the claim may require.
Where does Ferguson & Ferguson handle hospital fall cases?
The firm serves clients in Huntsville, Decatur, North Alabama, and throughout Alabama from offices at 303 Williams Avenue SW, Suite 321, Huntsville, and 211 Oak Street NE, Decatur.
Free Consultation
If you or a loved one suffers serious injury or death as a result of a hospital fall, you should speak to an experienced hospital fall injury lawyer regarding your rights. We provide free consultations, and you do not pay anything unless we win your case. We understand that hospital falls are preventable, and we will battle medical facilities in court to get you the compensation you deserve. Our personal injury and wrongful death lawyers help clients seek maximum compensation after a serious fall. Call 256-534-3435. We can help.
Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801
Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601