on 10/8/2011, I had right knee replacement surgery less then 24 hrs after surgery I tried to get out of bed and fell. There was no alarm on the bed, nor any other safety device to hinder me from getting out of bed. Actually the dietician passed me my walker from across the room.( which he shouldn't have done). I was on strong medication not in my right mind. After the fall I have sever upper thigh pain ( tear according to physical therapist) severe lower back pain (prior to fall L4 & L5 degenerative disc) have numbness to lower leg and hip pain, nightmares, and phobias. They did not do a x-ray MRI, or Cat scan after the fall . All the aches and pains I experience after the knee replacement was attributed to the knee replacement. But I know without a doubt the fall has caused more damage
A review of your hospital records is required to determine the viability of a claim. Bed rails would seem to have been required and the records should reveal what was or wasn't done in that regard. It is up to a physician to say that your physical complaints are causally related to the fall. You should consult with an attorney as soon as possible considering more than a year and a half has already passed since the date of injury. Good luck.
You may have a claim based upon analysis by a med mal attorney and a physician who needs to certify that there was malpractice. If you are suing a public hospital, then the statute of limit is 1 year, but you need to have filed a notice of claim within 90 days after the wrongdoing. You may apply to Supreme Court up to one year after the act for permission to file late. If it is a private hospital/physician, if it is med mal, it is 2 1/2 years, if it is considered regular personal injury, which fall downs by patients often are though in a hospital, it is 3 years.
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