Legal Question in Personal Injury in New York

Hospital Bed Side Rails

The side rails on the hospital bed of an elderly, confused patient were down when she needed assistance. She put on the call light but no one came to her aid because she had to use the bathroom she tried to get out of bed herself and consequently broke her hip. Does the hospital have any responsibilty? The hospital says their was no doctor's order to put up the side rail and she could have fallen anywhere.


Asked on 1/09/01, 11:43 pm

1 Answer from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Hospital Bed Side Rails

Hello-

Even though there may not be doctors orders (which you do not know not having seen the chart), this appears to be a simple negligence matter and not on of medical malpractice.

It is possible that there is the opportunity to recover damages in a lawsuit. The argument that she may have fallen anywhere is insulting, as using that argument, she may have been hit by a car and never needed to come to the hopsital.

Feel free to contact me to discuss this matter further at [email protected] or call me aty 845-878-2163 or 212-764-5428.

Good Luck.

RRG

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Answered on 1/23/01, 9:14 am


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