Falls in hospital claims are when a patient has a preventable slip or tumble while under the care of the hospital. Unfortunately, many falls in hospital claims come from the elderly or vulnerable who cannot care for themselves.
You trust that you are getting the best of round-the-clock care when in the hospital. What you do not expect is negligence from the doctor and other staff.
If medical negligence causes you to slip or fall and injure yourself, you may have a fall in hospital claim for negligence.
A fall when you do not expect it or cannot care for yourself often results in a broken wrist or twisted ankle. Elderly people find it very difficult to recover from such injuries, and the psychological impact can do even more damage.
A No Win No Fee medical negligence solicitor can handle your fall in hospital claim and get you the compensation you deserve.
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Common causes of falls in a hospital?
Someone would fall in hospital when getting out of bed or walking on a wet floor. A fall in hospital also happens when the doctor doesn’t assess a patient properly, and they are too weak to stand unattended.
Common reasons for someone to fall in a hospital are:
A wet floor on the ward
Someone would fall in hospital when getting out of bed or walking on a wet floor. A fall in hospital also happens when the doctor doesn’t assess a patient properly, and they are too weak to stand unattended.
Common reasons for someone to fall in a hospital are:
The patient does not call for assistance
The patient does not call for assistance as they believe they can look after themselves but still fall when getting out of the chair or bed.
If a vulnerable patient is showing signs of not calling for help, they must be observed when left alone.
To not take due care of a patient in a hospital is medical negligence.
A Nurse Does Not Respond In Time To An Assistance Call
A nurse does not respond in time to an assistance call, and the ignored patient falls when trying to get to the bathroom. It happens all the time, but the patient is the one who suffers the injury.
Each ward and hospital floor must be adequately staffed to answer each call for assistance in time. To not do so puts patients at risk and is medical negligence.
Clutter on the ward
Clutter on the ward is a sure way for elderly and vulnerable patients to fall and do serious damage to their bodies. Chairs, stools and medical equipment can be very difficult to navigate and are the reason for many falls in a hospital.
Staff should be trained to keep walkways and corridors free of clutter, allowing patients to walk without tripping or falling.
The patient not being assessed on admission
The patient not being assessed on admission can lead to them not getting proper care and observation when on the ward. A vulnerable patient should be identified when their history is taken, and due care is given to them at all times.
Patients with dementia and other such conditions need attention at all times, and falls can easily happen when they are left unattended.
Walking aids not being provided
Walking aids not being provided lies behind many falls and slips in the hospital ward. If the patient uses one at home, a walking aid must be provided for them on the ward. They must also be kept at hand and be easy for the patient to use.
A simple aid like a walking stick can make a huge difference to someone unable to get about, and to leave them without one is medical negligence.
A patient on medication that causes confusion
A patient on medication that causes weakness or confusion can easily fall if left unattended. The patient’s needs must be assessed, and any medication changes must be identified to staff and put in their notes.
The confused patient may not know where they are or why they are in bed. Falls can easily happen when someone is confused or weak, but all staff must be aware of each patient’s needs.
Every preventable fall in hospital does damage to a patient. They could break a bone or sprain a wrist or ankle. The fall can also make them doubt themselves and make the person fearful of getting out of bed.
There are many causes for a fall in hospital, but someone is at fault, and you can bring a compensation claim for medical negligence against the hospital.
Who is at fault for a slip, trip or fall in a hospital?
The hospital staff are at fault for the slip, trip or fall you have while in the hospital. They are responsible for caring for all patients and ensuring they do not fall while on the wards or corridors.
The hospital’s management is responsible for how the hospital is run and maintained. It is their responsibility to make sure all safety guidelines and protocols are followed. Staff must be fully trained, and the wards must be fully staffed to prevent patients from falling or slipping.
NICE Guidelines state clearly how the hospital must be run and how patients are cared for on the premises. The NICE Guidelines on falls come from years of experience and advice from experts and medical professionals.
If you or a loved one falls while in hospital, you may have a hospital negligence claim for compensation.
Can I claim for a slip, trip or fall in a hospital?
Yes, you can claim for a slip, trip or fall in a hospital. It is the responsibility of the staff and management of the hospital to look after patients in their care.
If the hospital leaves the floor wet and you fall while walking, you may have a claim. When the floor staff leave you unattended in a chair, and you slip when trying to get up, you can claim for negligent treatment.
When you claim for a slip, trip or fall while in hospital, you seek compensation for the damage done to you. It can be a broken ankle or a dislocated shoulder, but the injuries are caused by negligence.
A No Win No Fee medical negligence solicitor will get you compensation for any of the common hospital injury claims.
What are the common hospital fall injury claims?
The common hospital fall injury claims range from falling when unassisted to slips on wet floors. Whatever the cause of your fall in hospital, you may have a compensation claim.
The common hospital fall injury claims are:
The hospital’s responsibility is to ensure staff are fully trained in caring for elderly and vulnerable patients. They must provide equipment to aid patients who need help and the staff to attend to those at risk 24 hours a day.
If someone falls due to negligence at the hospital, they can claim compensation.
How to Sue the NHS
If you have been a victim of NHS negligence? If you have, you may sue the NHS for damages.
How much can I claim for a hospital fall?
You can claim any amount for a hospital fall from the low £1,000s to more than £100,000 in some cases. As in all medical negligence claims, the amounts can differ depending on the circumstances.
A minor wrist injury can bring in compensation of around £7,000, while a broken ankle can lead to compensation claims of over £50,000. In more serious cases where there is a severe brain injury, compensation claims may rise to more than £200,000.
There is not one fixed amount awarded for a fall in hospital negligence cases. The amount of compensation differs from patient to patient, depending on the circumstances of the fall in hospital and its effects.
As in all medical negligence claims, each case is dealt with on its merits and how much you have suffered due to the fall in hospital.
A No Win No Fee medical negligence solicitor will be the only one who can advise you on a fall in hospital negligence claim. They will know from experience what your case may be worth and how to go about a successful claim.
Your No Win No Fee medical negligence solicitor will handle your fall in hospital negligence claim and get you compensation for all damages incurred.
What can you claim for when suing for fall in hospital negligence?
You can claim compensation for any damages that occurred when suing for fall in hospital negligence.
There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.
General damages
General damages are when you sue for the pain, suffering and the loss of amenity, PSLA, you have experienced due to negligence.
Special damages
Special damages include loss of earnings, future care costs, and out-of-pocket expenses.
Be sure to keep payslips, receipts and proof of any losses you experience as a result of the medical negligence.
You deserve compensation to cover all losses, including loss of life, medical costs and any long-term care needs.
When you or a loved one suffers from the effects of fall in hospital negligence, you make a claim for compensation.
Your No Win No Fee solicitor will guide you through the steps in making a fall in hospital negligence claim.
What are the steps involved in making a fall in hospital negligence claim?
The steps involved in making a fall in hospital negligence claim go from seeking medical advice to issuing court proceedings. The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.
Your medical negligence solicitor will do the rest when you follow the steps correctly and get all the facts and figures together.
Step 1: Seek medical advice
Seek medical advice on the injuries you have suffered or are suffering with immediately you realise you experienced fall in hospital negligence.
Step 2: Contact a specialist medical negligence solicitor
Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered fall in hospital negligence.
The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim.
You are the one who suffered medical negligence, and you should get all the money due for the suffering.
Step 3: Your medical negligence solicitor obtains your medical records
Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid fall in hospital negligence case.
The medical negligence team will know from reading your medical records if the case will result in compensation being paid.
Step 4: The medical negligence solicitor sending a letter of claim to the negligent party
The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the fall in hospital negligence in what is known as ‘sending a letter of claim.’
When the negligent party receives the letter of claim, it has up to four months to provide a written response.
Step 5: Getting a response from the negligent party’s insurer
Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion.
The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.
If they admit liability, your fall in hospital negligence claim can be valued and the two parties will meet to decide on your fall in hospital compensation payment.
Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.
Step 6: Issuing court proceedings
Issuing court proceedings is the next step if they deny liability in your fall in hospital negligence case.
Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered. Your medical negligence solicitor issues the court proceedings.
Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.
Using a No Win No Fee solicitor
Using a No Win No Fee solicitor is the only way to a successful fall in hospital negligence claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.
The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.
You are the one who suffered fall in hospital negligence, and you deserve the compensation to get your life back to normal.
How long do I have to make a claim for fall in hospital negligence?
You have three years to make a claim for fall in hospital negligence. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims must generally be brought, court proceedings issued within three years of the injury, or three years of knowledge of the facts giving rise to the claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start a fall in hospital negligence claim or court proceedings.
Persons under a disability, who lack capacity, are not subject to any limitation period.
Can I make a medical negligence claim against the NHS?
Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment.
Each year there are between 8,000 and 10,000 successful medical negligence claims against the NHS. Suing the NHS for medical negligence can make some people feel uncomfortable.
Amounts in compensation claims awarded against the NHS range from £1000 to over £10 million. The amount you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs.
We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.
NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your fall in hospital negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered fall in hospital negligence, and you deserve every penny of the compensation.
Contact us at the Medical Negligence Team for all your medical negligence needs.
