can I sue a hospital if they let me fall as I was released?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

can I sue a hospital if they let me fall as I was released?

I was discharged from the emergency room and no one walked out with me, so I had to walk by myself. I passed out in the lobby. I went to the ER for passing out.

Asked on October 29, 2016 under Personal Injury, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They would only be liable if you can show that you had a medical issue or were in such condition at the time that you should not have been allowed to walk yourself out: there is no law requiring all patients to be escorted out, and many times, ER patients are not escorted out of the hospital. Only if medically you should have been walked out this time might the hospital be liable. 
Furthermore, you can only sue for your actual medical costs caused by the fall (out of pocket costs--that is, those not paid by insurance or medicaid), lost wages due to the fall (if any), and "pain and suffering" for significant, long lasting life impairment or disability resulting from the fall. If your injuries were slight and costs low, it would *not* be worth the cost of lawsuit, since you'd have to pay for a medical expert to testify how this was the hospital's fault and as to the extent of your injuries, and such experts can be expensive. (A court will not accept your layperson opinion as to these things.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption