Can compensation be claimed for falling out of a hospital bed?
Falls in hospitals are a recognised risk to patient safety and the NHS has developed detailed policies to identify the potential causes and the steps that can be taken to avoid them.
One of the most frequent types of fall in hospitals is when a patient falls out of a hospital bed. The consequences of a falling out of a hospital bed can be devastating. Fractured arms, legs and hips are common. Serious head injuries can also arise and in extreme cases it can result in the patient’s death.
It is therefore no surprise that we are often asked whether compensation can be claimed when such an accident occurs.
When a patient is admitted to hospital risk assessments will be carried out. These assessments should specifically consider whether the patient is at risk of falling; and this includes the risk of falling out of a hospital bed. The elderly are particularly vulnerable, but young children are also at risk.
Having identified the risk of a fall, consideration then needs to be given to the steps that need to be taken to prevent a fall occurring. In the context of falling out of a hospital bed the most common safety procure is the use of bed rails, sometimes known as side rails or cot sides.
Bed rails do not remove the risk of falling out of bed altogether and their use can create additional risks, such as the possibility of the patient rolling over the top of the rail or attempting to climb over the rail. Nevertheless, correctly used, bedrails can be very effective in reducing the risk of falling out of a hospital bed.
So when we consider whether compensation be claimed for falling out of a hospital bed, we need to take into account both these issues: the risk assessment and the use of bedrails.
We have recently won a compensation claim for a patient who suffered a broken arm after a falling out bed in hospital and both these issues were central to the case.
Our client suffered a stroke and was admitted to Pinderfield Hospital in Yorkshire. She had weakness on one side and was assessed to be at risk of suffering a fall from bed. However, bed rails were not put in place.
We believed the hospital were at fault and agreed to work on her case on a No Win, No Fee basis.
We arranged for a care expert to consider the safety issues. He agreed with our assessment that bed rails should have been used, and that the fall wouldn’t have happened if they had been.
Although the hospital denied it was at fault an out of court compensation settlement was reached, with our client receiving a five figure sum.
If you have been wondering ‘Can compensation be claimed for falling out of a hospital bed?’ and would like to know where you stand, contact us for a FREE case assessment on 0333 888 0404 or by emailing us at [email protected]
