When a person enters a hospital, they reasonably expect it to be a safe and well-maintained place to receive help for their illness or injuries. Unfortunately, negligence can sometimes lead to patients leaving the hospital in worse shape than when they first arrived. If you’ve been injured in a slip-and-fall accident at a hospital, you may be entitled to significant compensation for your damages. However, you must determine who’s liable for your injuries before collecting any compensation. This can be difficult because slip and falls at hospitals may result in a medical malpractice claim or a premsies liability claim depending on the facts of the case. To determine the best course of action, it’s in your best interest to enlist the help of a proficient Bronx Medical Malpractice Lawyer who can help you fight for the justice you deserve.
Who’s liable for a slip and fall in a hospital?
Determining who is responsible for an injury in a hospital can be complicated. To fall under the scope of a medical malpractice claim, a slip-and-fall accident at a hospital must have occurred while the patient was receiving treatment from a healthcare provider.
If a healthcare provider such as a doctor or nurse fails to diagnose a patient with a condition that affects their sense of balance, prescribed medications that affect their sense of balance, a surgeon causes nerve damage during surgery, or if your physical therapist prescribed activities that you weren’t ready to undertake, you’re likely dealing with a medical malpractice claim. Healthcare providers can be liable if they fail to address symptoms that indicate a patient’s difficulties with balance. A doctor deviating from the medical standard of care toward patients legally required can result in serious injuries.
Aside from its primary duty to provide medical care to patients, a hospital, like any other property, must also provide a safe environment for its patients, visitors, and staff. The accident must be unrelated to why you sought treatment at the hospital to constitute a premises liability claim. For example, you may be injured because a spill on the floor was left unattended, and the appropriate parties failed to place warning signs. In this situation, the hospital would be liable as they have the same duties to patients and visitors that any other property owner would have toward a person who enters their property, meaning they must take the necessary steps to mitigate the risks of accidents and injuries.
Regardless of whether you were injured in a slip and fall accident while visiting a loved one who’s battling an illness or undergoing extensive treatment or a patient yourself, it’s in your best interest to seek guidance from a skilled attorney from the legal team at James Newman, P.C. Our legal team is prepared to help you navigate your legal options and fight for the maximum compensation that you’re entitled to.