Should a hospital or its doctors and nurses be responsible for a patient braking their hip while in their ER?

Question

My elderly mother was taken to an Emergency Department and not monitored properly after being asked to walk and subsequently fell and broke her hip. Who should be liable for her care and rehab? They are claiming that they are not liable. Please help.

Answer 1

Related to legal responsibility, you have left out many details. Why was she taken to the ER? What are her medical conditions? What medications is she taking? Why was she asked to walk? What is her mental status? What was her level of awareness? Does she have a history of falling? Was she alone without family in the ER? Why did she fall? Has she broken her hip before? Can she normally walk without assistance? As a nurse, these are the kinds of questions I ask right away in assuming a person's care and personal safety. I would never let a compromised, weak person attempt to walk unassisted, no matter how much they may protest. Normally, ER staff have radar for those who, for whatever reason, may fall, and they watch them like hawks. Something went very wrong in your mother's case.

Answer 2

There will be an incident report on file at the hospital. If your mother was truly not monitored and was told to walk unassisted when she was not stable, then there should be an investigation. I would first request to read this report, and find out what happened from their point of view....that is if your mother included you in her release of information file. This will not be part of your mothers chart, it is kept separately with the administration. You may need to obtain legal help to sort threw the facts in this case, as there may be many variables. Chances are very good that if the hospital was liable AT ALL...they will be anxious to reach a settlement with you.

Answer 3

I don't believe the staff can be liable but the hospital certainly should be. Did you fill out an incident report with the hospital security dept or administration?? If you did, make sure you get a copy of it and speak to a lawyer immediately, before all the evidence disappears.

Answer 4

If she broke her hip due to their negligence, they should be responsible but you should contact a lawyer. Hospitals, many times, do not automatically admit fault to accidents that take place on their grounds. They probably have their lawyer and insurance company working on how to mitigate damages and hope they wear you down enough so you stop trying to collect. A lawyer might be the easiest way to get some sort of settlement on the medical costs.

Answer 5

that is just terrible;they should be the ones who have to pay her bills and rehab,,,my mom went in the hosp for a tiny boil on her belly;she had minor surgery to clean it outland the next day she was in the i.c.u..she had caught a bacteria in the operating room.amd died 2 weeks later.no she didn;t die'she was suffering and her organs shut down'so i let her go to god'and they pulled life support...the hospitals think they don;t have to answer to no one.but they do and someone should quit letting them get away with abuse and murder,,,you should call legal aid or a lawyer and see what can be done..if people there are that asleep at the wheel and need to go to dump and get a job'so no else gets broken hips suffacated and everything else that goes on in our trusted hospitals,,,,,good-luck and god bless you and your mom...

Answer 6

i work in a er and wow. why did they tell her to walk or did she get up by herself. if they wanted her to walk she should of had someone walking with her. how did she fall? is she old? has she fell before?

Answer 7

They most certainly are responsible. Get a lawyer immediately. Don't let them get away with it.