Legal Question in Medical Malpractice in California

elderly fall in hospital

My father was admitted to hospital after suffering a siezer

while there he attempted to climb out of bed and fell breaking his wrist.He suffers from early dementia but lives alone and has never fallen at home and takes care of himself with help from caregiver.he also fell a second time within a six hour period at same as above. The hospital did apply a sitter after second fall,but claims no responsility for either incident.I am his legal conservator and hospital was given copy of such.please advise.My father will need constant help now with his condition . thanks


Asked on 3/12/04, 11:46 am

1 Answer from Attorneys

Joel Selik www.SelikLaw.com

Re: elderly fall in hospital

Hospitals and Nursing Homes have a responsiblity to identify patients who are at a risk for fall and are liable when they do not. Depending on the facts, this may constitue Elder Abuse/Neglect under Welfare & Institutions Code Sections 15600 et seq.

Joel Selik

www.seliklaw.com

800-894-289

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Answered on 3/12/04, 12:40 pm


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