Very much depends on the facts surrounding his fall. Generally the medical provider needs to take reasonable steps to protect against a fall, taking into consideration the risk profile of the patient. Feel free to call or email and I would be happy to provide additional info. Kind regards
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Was somebody negligent? Why did he fall? What is his injury? Generally, it does not make sense to sue over injuries such as bruises as the costs of the case outweigh the potential recovery. If he has more serious injuries and there is liability then it might make sense to sue. Speak to a local personal injury lawyer.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Okay, your husband went to the hospital because he was apparently suffering the affects of alcohol intoxication and/or drugs; and he fell. It is still impossible to state whether your husband has a medical malpractice claim because you provide no information as to what the admitting doctor did which you believe constituted professional negligence. As an aside, and for discussion purposes, I would respectfully note that if the injury to the collarbone was either a bruise or even a fracture that was treated conservatively, the cost of prosecuting a medmal case would far ougtweigh the amount of compensation you could hope or expect to obtain by a lawsuit. GOOD LUCK.
Was he admitted? Did he break his collarbone or bruise it? The reality is that the case would likely cost more than would be recovered, however, contact one of the lawyers in your state above to discuss the facts and circumstances.
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This seems to be the same as other question with another detail or two. The issue is whether the fall could have been prevented by meeting the standard of ordinary care (negligence) or the standard of good and standard medical care for the expertise and community in which we live (Poughkeepsie). It will be a spitting contest, but you should give me a call if you want to review details. A broken collar bone itself is not a major injury unless there are significant consequences if this becomes a med mal case. From your question, it seems you are beyond the 2 1/2 years, so you would seek to use straight negligence, if any can be shown. Your intoxication will be argued as being the cause of the fall, not the condition of the physical environment, etc.
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It depends on his admitting assessment regarding his ability to ambulated without assistance. It depends on his admitting orders and whether they were followed. Additionally you must review the records and nursing notes prior to the fall and immediately after. This is going to be a fact specific situation. Order a complete set of the hospital records including all doctors orders nursing records test records and prescription- drug records.
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