What to do if after my sister was admitted in the ER for anemia to have a blood transfusion but was left alone and fell in the bathroom and was injured?
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What to do if after my sister was admitted in the ER for anemia to have a blood transfusion but was left alone and fell in the bathroom and was injured?
From the fall she received a concussion, contusion (traumatic brain injury), fractured rib, punctured pluera and collapsed lung. This resulted in her being intubated, getting a neck brace, and needing a chest tube and IV’s; she was heavily sedated in the ICU and stayed in the hospital for 2 weeks. Shouldn’t the medical center be liable?
Asked on January 15, 2013 under Malpractice Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The medical center may be liable: it depends on whether, under the circumstances of her condition and the care she had received, a reasonable medical care provider would have left her alone or not. If a reasonable medical care provider would not have left her alone when they did, they could be liable for her injuries and medical costs; but if it was reasonable to leave her alone then, they would not be liable. (Doctors, hospitals, etc. are only liable when they provide care that does not meet current standards for reasonable medical care--they are not held to a standard of perfection, but only of doing what is expected of them.) The best way for your sister to proceed is to meet with an experienced medical malpractice attorney, who can evaluate all the circumstances in detail and determine if she has a case, what it is worth, how strong it is, and what it might cost to pursue it.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Based upon what you have written about the health care practioner fell below the standard of care as such resulting in injuries to your sister as a direct result. Based upon the facts submitted she should consult with a personal injury attorney to get some guidance as to her personal injury claim and how to proceed.
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