Falls are common in hospitals. Hospital patients are normally in a weakened physical condition, and there may not be sufficient hospital staff to assist the patient when he or she gets out of bed. Whether or not a fall that occurs in a hospital is medical malpractice or a premises liability case is important, because of procedural hurdles that normally must be met in order to pursue a medical malpractice case.
Courts have been inconsistent in their rulings on whether or not such falls are medical malpractice or not. The Texas Supreme Court has ruled that in Texas, there must be a “substantial nexus” between the fall and the health care services being provided before the plaintiff can be forced to meet the procedural requirements of a medical malpractice case. In one case decided in October, the Court said that there must be a relationship between the safety standards that the hospital allegedly breached and the provision of health care for the case to be considered a medical malpractice case.
In Texas, there are very strict requirements that must be met in order to bring a medical malpractice claim. In addition, there are limits on how much money can be recovered in a medical malpractice case.
If you or a loved one has fallen in a hospital or nursing home, call the Houston medical malpractice attorneys at 855-947-0707. You can also learn more about our firm on our YouTube channel.