Can Patient Falls in Hospitals Lead to Malpractice Claims?

Yes. Medical malpractice requires a special sort of carelessness that lawyers call negligence. A fall during a hospital stay can support a medical malpractice claim if it happened because the medical staff was careless, such as not realizing that someone was a fall risk when they should have. 

This article discusses when a hospital fall can support a malpractice claim. It also discusses how a Laurel medical malpractice law firm can help. 

How Common Are Patient Falls in Hospitals?

Unfortunately, hospital falls are quite common. The Agency for Healthcare Research and Quality estimates that roughly 700,000 to 1 million hospital patients fall each year. Worse, about one-third of these falls lead to serious injuries.

Here in Maryland, the situation is similar. The Maryland Department of Health reported that in 2023 alone, nearly 200 patients fell while hospitalized. About one-third of these patient falls caused serious injuries. 

What Types of Injuries Can Hospital Falls Cause?

Hospital falls can cause many serious injuries, such as head injuries and fractures. Common fall-related injuries include: 

• Concussions 
• Traumatic brain injuries 
• Injuries to the cervical (neck), thoracic (torso), or lumbar (lower back) spine
• Leg fractures 
• Pelvic fractures
• Hip fractures 
• Fractures of joints such as knees, wrists, and ankles
• Sprains and strains of muscles or joints
• Internal organ damage

Worse, fall injuries can cause additional medical issues. If a fall-related fracture requires surgery, the patient must deal with those risks. Cuts and other wounds can become infected. Patients whose falls affect their movement may be more prone to pressure ulcers (bedsores). Falls can also aggravate preexisting injuries. They can also cause psychological issues, such as fear of falling again. 

Are All Hospital Patient Falls Medical Malpractice? 

No. Medical malpractice is a special kind of negligence. To prove negligence, a person must show that: 

• They were injured, 
• The person who hurt them had a duty to act in a certain way,
• The person who hurt them did not behave as they were supposed to, and 
• The person’s failure to act as required caused their injuries. 

Medical malpractice claims must involve mistakes by medical professionals. However, many causes of hospital falls have nothing to do with medical judgment. Examples include: 

• Wet floors
• Uneven floor surfaces (e.g., broken tiles, loose carpeting) 
• Unsecured rugs or mats 
• Obstructed hallways or walking paths
• Broken stairs or handrails
• Poor lighting

A fall caused by one of these could support a negligence claim, but medical malpractice will be harder to prove.

However, some injuries that seem to be negligence at first glance could have other causes. A patient could have fallen from a wheelchair because of carpeting issues or because staff made crucial mistakes. Discuss these issues with your Waldorf personal injury or malpractice attorney. 

When Is a Hospital Fall Considered Medical Malpractice? 

As stated earlier, medical malpractice is negligence committed by a health care professional. To prove medical malpractice in Maryland, you’ll have to show the same four things that you would for any negligence claim. However, medical malpractice cases add another wrinkle. To show your provider didn’t fulfill their duty, Maryland law requires you to show that what they did differed from what a reasonable person in the same profession would have done in the same situation. 

This is not an easy standard, but it can be met. Actions by medical personnel that can lead to falls include: 

• Failure to conduct a fall risk assessment 
• Failure to reassess fall risk when necessary 
• Ignoring signs of increased fall risk 
• Medication errors 
• Failure to monitor or address medication side effects 
• Improper monitoring after anesthesia
• Failing to address medical issues (e.g., low blood pressure, low blood sugar) that can contribute to falls  

Frequently Asked Questions About Hospital Patient Falls

• Can I sue if the fall happened in the emergency room before I was admitted?

It depends. For example, if the triage staff determined you were not a fall risk and you were, you may have a claim.

• Can I challenge the hospital’s discharge decision after a fall?

Yes. Maryland law allows patients to question discharge decisions. Medicare patients can appeal the decision. Non-Medicare patients can request a reevaluation and speak with the patient advocate.

• Do I still have to pay my hospital bills during my fall malpractice claim?

Generally, yes. The malpractice claim is separate from the medical billing, so you should continue your payments.

• Can I be discharged before the hospital finishes its investigation in the fall? 

Yes. The investigation can continue after your discharge. 

How Can a Laurel, Maryland Medical Malpractice Lawyer Help After a Hospital Fall?

Medical malpractice cases can be complicated, but there is help. An experienced Laurel medical malpractice attorney can review your medical records, consider the causes, and help you understand Maryland law. 

If you need legal representation after a hospital fall, contact the Law Offices of Thomas E. Pyles. Our team has decades of experience helping injured Marylanders get compensation for serious injuries. To learn more about how we can help, call 301-705-5006 or use our online contact form.