Atlanta Personal Injury Lawyer Blog
Not all slip and falls take place outside after tripping over something on the ground or by slipping on a wet surface at the supermarket.
Consider the case of a woman who died after falling while trying to climb out of her hospital bed. She sustained some severe injuries after her fall and eventually succumbed to them. The crux of this particular case is the fact that the woman was a known fall risk.
When the lady was admitted to hospital she was given what is called a close call device, attached to the woman’s gown. The idea behind these gadgets is that they alert hospital staff when the patient attempts to leave her bed. In this case, the woman tried to get out of her bed one day in June 2008, but failed in that attempt and fell instead. The nursing station was never alerted by the apparatus attached to her gown.
As a result of the injuries the patient received in her fall to the floor, she subsequently died seven days later after receiving what the personal injury lawsuit claimed were severe and permanent painful injuries.
The plaintiff’s daughter alleged the nurses failed to properly inspect the call alarm and for using one that they knew wasn’t working very well. The suit further alleged the patient wasn’t properly monitored in light of her being a high risk fall candidate. The plaintiff also further alleges that because of her mother’s death, she, her grandchildren and great-grandchildren lost her support, guidance, instruction and companionship.
This is an unusual case, but as you can see, there are a number of components that may be difficult to prove; such as whether or not the alarm was working properly and what precisely constitutes being “properly” monitored. In situations like this, it is best to seek legal counsel from a personal injury attorney with experience in slip, trip and fall law. It isn’t an easy area to litigate and there are certain things that must be present in order for a case to be successful.
In this instance, because the fall also resulted in a death, a wrongful death suit may be a distinct possibility as well. Only when speaking to a skilled attorney will you know what your rights are, and how cases like this fare in the court system.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.