Medical Malpractice: Navigating Slip-and-Fall Cases in Healthcare Settings

Slip-and-fall accidents are quite prevalent, leading to over 800,000 hospitalizations annually in the U.S. Yet, when slip-and-falls happen at hospitals or nursing homes, a distinct set of considerations emerges. 

Despite these facilities being intended as safe havens for patients, accidents happen, just like in any other setting. Should a slip-and-fall occur within the walls of a healthcare facility, attributing the injury solely to a doctor’s error might not be applicable.

The absence of a doctor’s involvement should not stop you from taking legal action against the healthcare facility responsible for the mishap. It's essential to know the appropriate course of action. Consulting a slip-and-fall accident lawyer is crucial, as they can work with you to determine whether the incident falls under medical malpractice or premises liability so you can pursue compensation for the rightful claim.

Slip-and-Fall as Medical Malpractice

Filing a medical malpractice claim is appropriate when your slip-and-fall accident meets two essential conditions: you've experienced subpar, negligent medical care and this negligent care directly leads to a slip-and-fall incident. Here are some examples:

• Mistakes in your medical care plan. If your medical chart didn't flag your fall risk and inadequate care led to a fall at a healthcare facility, you might have grounds for a medical malpractice claim.

• Medication issues. Patients in healthcare facilities often take medications, some of which, when combined or taken alone, can lead to side effects that heighten the risk of falls, which needs to be mitigated. 

• Failure to diagnose. Among the prevalent forms of medical malpractice is misdiagnosis or failure to diagnose, which could lead to falls with severe injuries if certain health conditions or illnesses are overlooked.

• Failure to assist or supervise. In hospitals and nursing homes, patients requiring aid or close monitoring for daily tasks like transfers, walking, and bathroom activities face fall risks if not adequately assisted or supervised.

Slip-and-Fall as Premises Liability

When facing a common slip-and-fall incident within a healthcare facility, seeking guidance from a slip-and-fall accident lawyer often results in pursuing a premises liability claim. This avenue revolves around instances where hazardous conditions within the facility expose visitors to potential slip-and-falls. Such conditions include:

• Slippery surfaces: Floors lacking proper traction, posing slip risks.

• Hidden hazards: Unnoticed objects in the facility can cause slips-and-falls.

• Inadequate infrastructure: Floors with steep slopes may contribute to loss of control, even while using wheelchairs.

In these instances, the healthcare facility assumes a liability akin to any property that may pose accident risks. Consequently, the management's responsibility for patients parallels the duty of care typical property owners uphold for visitors entering their premises.

Proving Liability in a Slip-and-Fall Case

Whether you have a medical malpractice claim or premises liability claim, you need to prove that another party’s negligence directly caused your slip-and-fall injury. Answering these three basic questions to determine whether your healthcare provider or the facility manager was negligent:

• Were they aware or should they have reasonably been aware of the risk of your injury?

• Was the potential for your injury foreseeable?

• Could they have taken reasonable action to prevent your injury?

If you can answer "yes" to these questions, you may have grounds for a claim. Substantiating these responses requires compelling evidence, such as post-fall examination records, images of the injury and accident site, testimony from witnesses, and, in the context of medical malpractice, a medical opinion highlighting any errors made by your healthcare provider.

Work With a Columbia Slip-and-Fall Lawyer

Determining whether a slip-and-fall within a healthcare facility constitutes medical malpractice or other personal injury isn't always straightforward. Consider a scenario where a chair lift malfunctions at an outpatient center – is it medical malpractice or a case of premises liability?

Now, imagine being discharged from a healthcare facility before your full recovery from surgery, only to fall and get injured in the parking lot. Does this still qualify as medical malpractice, given you were technically no longer under your provider’s direct care?

Navigating injuries linked to healthcare settings can be tricky. Seeking counsel from a slip-and-fall accident lawyer is essential to determine the right course of action for your unique circumstances.

If you or a loved one experiences a slip-and-fall incident in a medical facility, our team of slip-and-fall injury attorneys at HHP Law Group is dedicated to advocating for your rights and securing the compensation you rightfully deserve. Contact us today to arrange a free consultation for your case.