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

Asked about 1 year ago - 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. John M. McCabe

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    Contributor Level 12

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    Answered . 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. Nedim Ramic

    Contributor Level 9

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    Answered . 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... more
  3. John M O'Brien

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    Contributor Level 19

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

  4. Joseph Leonard Ciaccio

    Contributor Level 12

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    Answered . 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.... more
  5. Samuel Cohen

    Contributor Level 20

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    Answered . 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... more
  6. Jeffrey Mark Adams

    Contributor Level 20

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    Answered . 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... more
  7. Bradley A. Coxe

    Pro

    Contributor Level 11

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    Answered . 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.... more
  8. Christian K. Lassen II

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    Contributor Level 20

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    Answered . 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.

  9. David A. Papa

    Contributor Level 16

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    Answered . 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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