You may have a claim. The main issue will be whether a doctor can causally relate your current complaints with the fall, as opposed to the knee replacement. This will require a review of your medical records. Best of luck and kind regards.
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If this was your first time out of bed, you should not have been permitted to get up unaided. This is definitely a viable claim that I would be happy to discuss with you in depth if you want to contact me.
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.
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Cases arising from a fall in the hospital are usually vigorously contested and are hard to win. It also seems that your damages will be hard to prove. You are still within the statute of limitations, unless it was a public hospital.
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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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