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We go to hospitals to recover, not to get injured. Sometimes medical mistakes lead to injuries. But if you fall during a hospital visit, can it be considered medical malpractice?
If you fall in a hospital due to the negligence of a hospital employee, you may be compensated for damages including medical bills, pain and suffering, and lost wages. Given the laws in West Virginia, your fall can be can be considered medical malpractice if it is in any way related to your medical treatment.
Medical treatments that can lead to a fall include being given the wrong medication or dosage, a misdiagnosis or delayed diagnosis, not receiving assistance if you are already deemed a fall risk, or when a nurse or doctor does not follow protocol when you’re being moved, examined, or bathed leading to a fall injury.
Some falls in hospitals may not be considered medical malpractice and would be considered premises liability cases. In order for a fall to qualify as a typical slip-and-fall case, the fall would have to have no relation at all to any medical treatment a patient is receiving.
If you believe you have a premises liability case or think your hospital related fall is a result of medical malpractice, give one of our personal injury attorneys a call to discuss what case you may have.