A Real-Life Example
Imagine an aging mother, relatively healthy but needing medical attention, admitted to the hospital for treatment. Her daughter is there by her side, 24/7, making sure she’s cared for and comfortable. As the mother's discharge date approaches, the nursing staff encourages the daughter to take a break, suggesting she go home for a while to shower, get groceries, and refresh.
Despite being identified as a fall risk, the hospital staff fails to respond promptly when the mother repeatedly calls for help to go to the restroom. In desperation, the patient attempts to walk to the bathroom on her own and tragically falls, striking her head. The fall causes a brain bleed, and the mother dies as a result.
This type of incident, while heartbreaking, is unfortunately all too common in hospitals. Falls like these are considered "never events" by the Centers for Medicare & Medicaid Services (CMS), meaning they are entirely preventable and should never happen in the first place.
The Alarming Statistics
Patient falls are a leading cause of injury in hospitals, with an estimated 700,000 to 1 million falls occurring in U.S. hospitals every year, according to the Agency for Healthcare Research and Quality. Shockingly, between 30% and 51% of those falls result in injuries, some of which are severe, including traumatic brain injuries and even death.
Dr. Erin DuPree, Chief Medical Officer of the Joint Commission Center for Transforming Healthcare, acknowledged that falls contribute to a staggering 11,000 deaths annually, calling it a systemic failure. Hospitals can—and should—do more to prevent these incidents.
Hospitals Have a Duty to Protect Patients
Hospitals are legally obligated to protect their patients from foreseeable risks, including falls. The standard of care in a hospital setting is grounded in both peer-reviewed medical literature and hospital-specific policies and procedures, which can serve as key evidence in determining whether or not a hospital failed to meet these standards.
Proper fall prevention protocols can significantly reduce the number of falls and related injuries. According to the Joint Commission, hospitals that adhere to best practices in fall prevention have seen a 35% reduction in falls and a 62% decrease in fall-related injuries. This is proof that when hospitals follow recommended safety measures, patient safety improves.
What Causes Hospital Falls?
Falls in hospitals often result from a combination of factors. Some of the most common causes include:
Negligent Nurses: Nurse shortages and insufficient staffing can lead to delayed responses to patient needs.
Improper Training: Hospital staff may not be properly trained in fall prevention techniques or proper patient handling.
Lack of Communication: Miscommunication between nursing staff can delay critical responses to patient needs.
Failure to Follow Protocols: Ignoring fall prevention protocols, such as not using bed rails or wheelchair alarms, can lead to accidents.
Inadequate Assistance: Not responding to patients' requests for help to use the restroom or failing to provide assistance in a timely manner.
Contributory Negligence: A Common Defense
In hospital fall cases, defendants (usually the hospital or medical staff) often argue contributory negligence, suggesting that the patient’s actions contributed to the fall. However, patients in hospitals are often vulnerable due to illness or injury and cannot fully protect themselves. It is the hospital’s responsibility to provide a safe environment and to mitigate any risks, including fall hazards.
When is a Hospital Liable for a Fall?
Hospitals are responsible for ensuring patient safety, and when they fail to uphold this duty, it can be classified as medical negligence. In these cases, the hospital may be liable for the harm caused to the patient. This means that if a fall could have been prevented with the appropriate safety measures, the hospital might be held accountable for the injury or death that occurred as a result.
Preventing Falls: What Hospitals Should Be Doing
There is overwhelming evidence that following established fall prevention protocols can drastically reduce the number of falls in hospitals. These protocols include:
Assessing fall risk: Hospitals must assess each patient’s risk for falls based on individual conditions, mobility, medications, and other factors.
Creating a fall prevention plan: A comprehensive plan should be put in place for each patient to manage their risk.
Training staff: Nurses and staff should be properly trained to respond promptly to patient needs and assist with mobility when necessary.
Utilizing safety equipment: This includes bed rails, alarms, and other devices designed to prevent falls.
Seeking Justice After a Hospital Fall
If you or a loved one has been harmed as a result of a fall in the hospital, you may be entitled to compensation for your injuries. These types of cases require a thorough investigation, including a review of medical records, hospital policies, and the testimony of medical experts.
At Keller & Keller Injury Lawyers, we are committed to holding hospitals accountable for their negligence. If you’ve experienced the pain and loss caused by a hospital fall, contact us today to discuss how we can help you seek justice.
Have you or a loved one been injured in a hospital fall? Reach out to Keller & Keller Injury Lawyers today for a free consultation to understand your legal options and fight for the compensation you deserve.
