Can Patients Claim For Falling Out Of Bed In Hospital – Compensation Examples
This guide answers the question, “Can patients claim for falling out of bed in hospital?”. Falls are a recognised risk in hospitals, and there are policies put in place so that these risks can be identified and reduced as much as possible. If steps are not taken when they should be to reduce the risk of falls, and a patient is injured from this, then this may constitute hospital negligence.
Firstly, we establish when someone could be eligible to begin a hospital negligence claim. Then, we look at how the risk of falling out of bed in a hospital can be minimised.
We also look at what avoidable harm (harm that should have been prevented) and injuries can be sustained if a patient does fall in the hospital. Following this is the explanation of how compensation is calculated when a hospital negligence claim is successful.
Lastly, we tell you how patients can claim for falling out of bed in the hospital with one of our No Win No Fee solicitors and the benefits of claiming with a solicitor on this basis.
For free advice on compensation claims for hospital negligence, here is how you can talk to our advisors, who have knowledge of medical negligence cases:
- Call 0800 073 8804.
- Message in our live support chat on the screen.
- Claim online by entering your details.
Jump To A Section:
- Can Patients Claim For Falling Out Of Bed In Hospital?
- Preventing Patients Falling Out Of Bed In Hospital
- How Could A Patient Be Injured By Falling From A Bed?
- Examples Of Payouts For Falls In Hospital
- Can Patients Claim For Falling Out Of Bed In Hospital With A No Win No Fee Solicitor?
- Learn More About Claiming For Accidents And Injuries In Hospital
Can Patients Claim For Falling Out Of Bed In Hospital?
Patients are owed a duty of care by all medical professionals who treat them as well as all health care providers such as hospitals.
To conform to their duty of care, medical professionals and healthcare institutions must give patients the correct standard of care. If a patient receives a standard of care that is below the minimum expectation, and they suffer avoidable harm because of this, then this is hospital/medical negligence.
As such, to be eligible to claim compensation, you must prove these criteria:
- You were owed a duty of care.
- This duty was not adhered to.
- You suffered avoidable harm directly because of this.
Not all circumstances of a patient falling out of a bed would mean that hospital negligence has happened. For example, a patient could still fall out of bed even if medical professionals have provided the correct standard of care, such as following through with risk assessment measures.
Hence, you can chat with our advisors today to confirm whether you are eligible to claim compensation for negligence.
Hospital Negligence Claim Time Limit
To also have a valid hospital negligence claim, the Limitation Act 1980 states that you must begin making a claim within the limitation period. For hospital negligence claims, this is 3 years from either the date you suffered hospital negligence or from the date there was an awareness that hospital negligence occurred.
This standard time limit will always apply unless the claimant is under 18 years of age or if they lack the mental capacity to be able to claim. In this case, the time limit will be paused, and a litigation friend can be appointed to pursue the case during this time.
You can learn more about the hospital negligence claims time limit and its exceptions by talking to our team.
Preventing Patients Falling Out Of Bed In Hospital
When patients are admitted to the hospital, risk assessments should be carried out by hospital staff to consider whether they are at risk of falls. Certain factors like age, medication, and treatment can make them more vulnerable patients to falls.
Bed rails should be present when it is decided from the risk evaluation the benefits of them being in place are greater than the risks. They are attached to the sides of hospital beds to prevent a patient from rolling, falling, or sliding out of bed.
Here are a couple of examples of how a healthcare provider could breach their duty of care by not taking reasonable steps to prevent vulnerable patients from falling out of bed in a hospital:
- A nurse didn’t put bed rails up on the bed of an elderly patient with reduced mobility because there were no risk assessments conducted.
- The nurse changing the bed sheets of a patient who has just come out of major surgery forgot to put the bed rails up again once the patient was assisted back into bed.
If you have been injured from falling out of a bed in a hospital and believe this happened due to similar circumstances mentioned above, don’t hesitate to contact our advisors today.
How Could A Patient Be Injured By Falling From A Bed?
Here are some common injuries that a patient could sustain after falling out of a hospital bed:
- Head injuries. Sometimes, depending on the impact of the fall, a severe brain injury could be sustained.
- Pelvic or clavicle injuries.
- Fractured or broken bones.
- Scarring.
To find out whether you can claim compensation for the injuries that you have sustained from a fall in a hospital, please speak with our hospital negligence team. They will give you a free consultation on your case.
Examples Of Payouts For Falls In Hospital
When a hospital negligence claim is successful, the effects that you could be compensated for can be split into two heads of loss.
General damages is the head of loss that is always awarded. General damages compensate for the physical and psychological effects of the avoidable harm that has been sustained due to a breached duty of care. Here are some factors of these effects that are taken into consideration when general damages are being calculated:
- The pain’s severity.
- The medical treatment you need and how long the treatment will take.
- How your quality of life changes.
While general damages are calculated, an independent medical assessment will be conducted and compared to the guidelines from the Judicial College (JCG). The independent medical assessment will be conducted as part of the hospital claims process. The JCG is a publication that has guideline compensation values for all sorts of physical and mental injuries and illnesses.
Compensation Table
For your guidance only, we have included guideline compensation values from the JCG (only the top value is not from the JCG) for different injuries that could be sustained following falls from hospital beds. However, none of the figures included can be guaranteed for any claim since every case is completely unique.
| Injury | Severity | Guideline compensation brackets | Notes |
|---|---|---|---|
| Multiple serious injuries and special damages. | Serious | Up to £250,000 and above | Compensation is awarded for multiple serious injuries along with each of their financial costs, like lost earnings and the cost of medication. |
| Brain damage | Moderate (c) (i) | £150,110 to £219,070 | Moderate to severe intellectual deficit, a personality change, an effect on sight, speech. |
| Leg | Severe (b) (i) | £96,250 to £135,920 | Serious injuries that are short of amputation. For example, where bone grafting is required from fractures not uniting. |
| Severe (b) (iii) | £39,200 to £54,830 | Serious compound fractures that result in instability, excessive scarring and prolonged treatment. | |
| Pelvis and hips | Severe (a) | £78,400 to £130,930 | There are substantial residual disabilities following extensive fractures. For example, a lower spine dislocation and a ruptured bladder. |
| Severe (a) (ii) | £61,910 to £78,400 | An example of a case that would warrant an award within this bracket would include traumatic myositis ossificans that lead to ectopic bone forming around the hip. | |
| Moderate (b) (i) | £26,590 to £39,170 | Significant injury but where permanent disabilities are not major. | |
| Arm | Permanent and substantial disablement (b) | £39,170 to £59,860 | Serious forearm fracture(s) that cause either cosmetic or functional significant permanent residual disability. |
| Less severe (c) | £19,200 to £39,170 | Where significant disabilities have made, or are expected to make, a substantial degree of recovery. |
Special Damages
Special damages is the head of loss that is only sometimes awarded and compensates for the financial effects of the avoidable harm that has been sustained due to a breached duty of care. For example, a financial cost that could occur is loss of earnings if the avoidable harm has extended your hospital stay, therefore requiring you to have more time off work.
Because special damages are not always awarded when a claim is successful, having evidence of the finances you have lost due to avoidable harm is very important. Payslips, receipts, invoices, and bank statements can all be gathered as proof.
So, give us a call at a time that suits you to find out what you could receive compensation for if your hospital negligence claim turns out successful.
Can Patients Claim For Falling Out Of Bed In Hospital With A No Win No Fee Solicitor?
The answer to the question, “Can patients claim for falling out of bed in a hospital with a No Win No Fee solicitor?” is yes. If our advisors confirm that your hospital negligence compensation claim is eligible, then you will be connected to our specialist solicitors. They particularly offer their services under a Conditional Fee Agreement (CFA). A CFA is a No Win No Fee agreement type.
You will benefit from having a solicitor offer their services under a CFA by not being charged for these services before or during the claims process or if your claim is unsuccessful.
Instead, your solicitor will take a success fee from your compensation if your claim is successful. Success fees are a percentage that is legally capped to ensure you always receive the majority of your compensation value.
Contact Us
If you or someone you know has been harmed due to falling from a hospital bed, and you believe it was a healthcare provider’s fault, contact us today. Our medical negligence team of advisors are available to discuss your case with you. They can potentially point you in the right direction to claim compensation.
- Call 0800 073 8804.
- Message in our live support chat on the screen.
- Claim online by entering your details.
Learn More About Claiming For Accidents And Injuries In Hospital
Our guides about claiming medical negligence compensation:
- Find out how to prove hospital negligence claims and the types of evidence that are best to collect.
- If you experienced medical negligence in a private hospital, see how you can claim compensation.
- Browse some different examples of hospital negligence for more information on how hospital staff could cause avoidable harm by breaching their duty of care.
Information from external sites:
- Gov.UK – find out how to claim Statutory Sick Pay (SSP) if you have had time off work.
- NHS – a leaflet on reducing falls in hospitals, how hospital staff conduct risk assessments, and the use of bedrails.
- General Medical Council (GMC) – what good medical practice is expected from doctors.
Thank you for reading our guide today. We hope to have answered the question, “Can patients claim for falling out of bed in hospital?”. If you need more questions answered or further advice, please feel free to speak to our advisors at any time.
