How much responsibility does a physical rehab hospital have if a patient falls

My father is 87. He was diagnosed with pnemonia and was hospitalized for four
days. He was then transferred to a Rehabilitation Hospital for physical
therapy to build his strength back up so he could go home. Since there, he has
fallen at least 4 times. The last being the worst. They took him to the
hospital where he required stitches at eyebrow and below his nose. His nose is
broken and his lips are all bruised and swollen. He also is bruised and sore
on his chest and both knees are cut and bruised. He did not break any other
bones. The hospital staff claim that he pushes assistance light in the night
to go to the restroom and if they do not get there right away he tries to get
up by himself. He can not go to the bathroom without assistance and suffers
from dementia so does not always remember instructions. They now have an alarm
under his sheets in case he tries to get up, but it can only be left there 7
days according to the nurse. They have put one side of the bed against the
wall and have put a mat on the other side. We had an aunt who fell in a
hospital and suffered a head injury and died. What can a rehab hospital be
held liable for?

Asked on January 17, 2018 under Malpractice Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The rehab hospital is liable for negligence. Negligence is the failure to exercise due care, which is that degree of care that a reasonable rehab hospital would have exercised under the same or similar circumstances to prevent foreseeable harm.
The rehab hospital is liable for the medical bills for your father's injuries from falling and for pain and suffering which is an amount in addition to the medical bills based on the medical reports.


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