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Is the hospital liable for my mothers fall when she was disoriented from pneumonia and resulted in a huge brain trauma?

Durham, NC |

My mother was admitted to a hospital for a severe pneumonia infection in the lungs and blood. She was disoriented for most of her stay. On her third day in the hospital she fell on her way to the trash can. She suffered a hemorrhage in her brain. There was about 2-3 hours between the fall and the surgery to release the blood from clotting. She is now on day 5 of being in a coma. We are waiting for her to wake up. Can we sue the hospital?

Attorney Answers 9


  1. Best answer

    Very possibly. If you mother was a fall risk, which it sounds like she was, the hospital needed to implement fall prevention measures to protect your mother. I think you definitely have a case that deserves further investigation.


  2. You may have a case. It is essential to hire an attorney right away to investigate the fall and all circumstances surrounding the same.

    The information offered herein by NEDIM RAMIC is not formal legal advice, nor is it the formation of an attorney client relationship. In order for our firm to be considered your attorney there must be a signed agreement between the client and the firm.


  3. Yes you can, you should consult with a local personal injury attorney as soon as possible.


  4. You may have a case. It is important that you speak with a personal injury/medical malpractice attorney as soon as possible. They will need to review the medical records to fully determine the possibility of the case. The sooner the better.

    Best of luck.

    Joseph L. Ciaccio is a New York attorney with the Law Offices of Joseph M. Lichtenstein, P.C. (medicalattorneyny.com). The answers posted herein are not legal advice and do not create an attorney-client relationship.


  5. Firstly, I am sorry to hear about your mother. I hope she fully recovers. The hospital may be responsible. The facts and circumstances must be fully investigated. Speak with an attorney who handles hospital malpractice matters.

    We can be reached at 215-545-2201 The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  6. You've received excellent advise. All I can emphasis is that the sooner you act the better. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  7. You can certainly have a local lawyer investigate. Avvo has a terrific "find a lawyer" tool to find a top-rated lawyer with a low contingency fee.


  8. Its impossible to give a good opinion at this point without more details and the medical records. One of the tricky things with medical malpractice is that you can have a bad result when the doctor does everything right, and a good result when the doctor does everything wrong. Either way, you don't have a case. That said, there are numerous fall precautions and policies that every hospital has. If they violated their own policies, you may have a good case on the fall. If the delay between the fall and the treatment was a breach and the delay caused the coma or other damage, you may have a case. Again, you need the medical records and have them reviewed by a medical malpractice attorney and probably a medical expert.

    Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and specifically understands and agrees that no client-lawyer relationship has been established between Bradley A. Coxe or Hodges & Coxe PC and the inquirer.


  9. After all these answers the same thread is being used--go and get an attorney from AVVO to investigate ASAP good luck!

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