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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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.

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