When an individual has fallen ill or has suffered an injury, they rely on hospitals and the healthcare providers that work there for treatment. When they turn to these facilities for help, they don’t anticipate leaving worse off than when they arrived, but this can happen due to negligence. When the appropriate parties fail to exercise reasonable care towards patients and guests, it can lead to devastating accidents and injuries. If you’ve been injured in a slip and fall accident in a hospital, it may constitute a medical malpractice claim or premises liability, depending on the circumstances. Nevertheless, you may be entitled to significant compensation. However, before you recover any compensation, you must seek the legal assistance of a proficient Morris County Medical Malpractice Attorney who can help you hold the appropriate parties accountable for their negligence.
Is a claim Malpractice or Premise Liability?
Depending on the circumstances of the accident, your case may lie within the scope of a medical malpractice claim or fall under an ordinary negligence claim based on premises liability. Understanding that the distinction can significantly affect how the case proceeds and your ability to recover monetary compensation for your damages is crucial. Therefore, you should retain the services of a qualified attorney who can help you understand the distinction and choose the right path to seek monetary compensation for the damages you’ve incurred.
Who’s Responsible if I Slip and Fall in a Hospital?
To constitute medical malpractice, a hospital fall must occur while a patient receives treatment from a doctor. Medical malpractice occurs when a healthcare provider, such as a doctor or nurse, deviates from the standard of care in their profession, thereby causing injury or death to a patient. For instance, if a doctor fails to diagnose a patient’s balance-related condition correctly, the patient could fall and suffer injuries. Similarly, patients who take medication that affects their balance may also experience falls. Nurses and other hospital staff could be held accountable if they don’t address symptoms suggesting a patient’s balance issues.
On the other hand, if a patient or guest slips and falls, it can lead to a premises liability claim. However, for the claim to be valid, the accident must not be related to why the patient is seeking treatment at the hospital. For example, if a patient slips on a wet floor due to a spill left unattended by the hospital’s maintenance staff, they may have a valid premises liability claim. In such cases, the hospital is no different from any other property, meaning they hold the same responsibilities towards visitors. Property owners in New Jersey are legally obligated to exercise reasonable care for maintaining the property for the safety of all visitors.
Medical malpractice claims involve more hurdles than premises liability cases. It’s vital to understand that if you file your case as premises liability, but the court rules that it should have been filed as a medical malpractice claim, you could lose your right to take legal action for your injuries.
Therefore, it’s in your best interest to enlist the help of a skilled attorney from the legal team at Lutz Injury Law, who can help you determine which path to choose. Our firm is prepared to represent your interests and fight for the just compensation you deserve.