Most institutions will not voluntarily release this type of incident report. You may be able to get it when if you file a personal injury case as part of the court process.
The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.
I agree with the answer already posted. I have litigated these matters both on the plaintiff and defendant side. You have a legal right to the patient's records (which may include a note that the patient fell and broker her hip and that medical care was rendered to her after the fall). Incident reports are not part of the medical records and are considered confidential. Without legal representation, your request will not be honored. From what you have posted you have the foundation for a lawsuit. Most medical institutions will consider a claim on this type a medical malpractice case since the lack of guard rails can be seen as a failure to follow existing protocols. Such lawsuits are very technical and require an experienced attorney and appropriate experts. You can call me at 908-400-5585 if you wish to discuss your legal options in Ocean County.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:
Hiring a lawyer helpful; Is it Legal? Is it Illegal?
Understanding the different court systems;
legal terms used in litigation helpful.
Our law firm may be able to assist you in this legal matter. You can access our contact information at our website: www.sarnoanddefelice.com or my avvo profile.
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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