Many older and infirm patients who are admitted to the hospital for critical care are unable to move out of their beds or walk independently. In such instances, the physicians and nurses attending to the patient’s care will typically employ fall prevention measures. If they fail to do so, and a patient falls and suffers harm as a result, it may constitute medical malpractice. As demonstrated in a recent New York ruling, a defendant’s conclusory allegations that they could not have prevented a patient’s fall are inadequate to show that medical malpractice claims should be dismissed. If you or a loved one were injured due to insufficient medical care, it is prudent to speak to a Rochester medical malpractice lawyer as soon as possible.
History of the Case
It is alleged that the plaintiff’s decedent was admitted to the defendant’s hospital with failure to thrive and a cough. At the time of admission, she was functionally quadriplegic and categorized as a high fall risk. Tragically, days after her admission, she was discovered on the floor of her room with a head laceration, having fallen from her bed. Subsequent tests revealed she sustained a subdural hematoma. She passed away a week later.
It is reported that the plaintiff initiated a medical malpractice action against the defendant, alleging, among other things, the inadequate assessment of the decedent’s fall risk and inadequate fall prevention measures. The defendant moved for summary judgment, arguing the plaintiff failed to demonstrate a departure from the standard of care or proximate cause. Continue Reading ›