Hospitals are meant to be safe places for patients to receive the medical treatment that they need to heal and recover from injuries and illnesses. Hospitals should provide not only quality medical care but also safe and protected environments for patients and visitors. If a hospital has fallen into a state of disrepair, this can pose health and safety risks to those inside. This includes the risk of a slip and fall accident. Even with a safe premises, however, a patient could suffer a slip and fall accident due to medical malpractice.

Is a Slip and Fall at a Hospital a Medical Malpractice Claim or Premises Liability Lawsuit?

When an injury of any kind takes place inside of a hospital, you may assume the rules of medical malpractice apply. However, this is not always the case. When determining what type of claim to file, first look at whether you were a patient of the hospital at the time of the accident. If you were simply visiting a loved one when you slipped and fell, you do not have a medical malpractice claim. Similarly, if you were working in a hospital at the time of your accident, you would have a personal injury or workers’ compensation claim, not a medical malpractice lawsuit.

You may have grounds for a medical malpractice claim after a slip and fall in a hospital, however, if you were a patient and you fell because of an error made by your doctor or another health care provider. For instance, if your doctor made a medication mistake that made you dizzy and caused your fall, this could give you the right to file a medical malpractice lawsuit. The same is true of misdiagnosis, failure to diagnose, treatment mistake, failure to treat, premature discharge or if your doctor failed to follow protocol. You may need a personal injury attorney to investigate your case to determine the correct type of claim to file.

What Are the Elements of a Premises Liability Claim Against a Hospital?

If the circumstances of your slip and fall meet the parameters of a premises liability claim rather than medical malpractice, your lawyer will need to prove with at least a 51 percent certainty that the hospital or health care center caused your accident due to negligent property maintenance. Slip and fall cases can be difficult to win, especially against powerful institutions such as hospitals. You or your lawyer must show clear and convincing evidence of the following elements:

  • A slip and fall hazard existed on the property.
  • The property owner knew or had constructive knowledge of the hazard.
  • The property owner failed to address or remedy the hazard in a timely manner.
  • You were allowed on the property at the time of the fall (you weren’t trespassing).
  • The property hazard caused or significantly contributed to your injuries.
  • You suffered compensable losses in the slip and fall accident.

The hospital or one of its employees must be guilty of negligence in the care or maintenance of the premises for this type of claim. If a reasonable and prudent property owner would have prevented your hospital slip and fall, for example, you may be eligible for financial compensation. If you have grounds for a medical malpractice claim, the elements of proof are different. You must establish that a doctor-patient relationship existed and that your doctor failed to meet the medical standards of care in treating you, resulting in your slip and fall accident.

How Can a Lawyer Help You?

If you suffered an injury such as a broken bone, concussion, pulled muscle or dislocation in a slip and fall accident in a hospital in West Virginia, contact a lawyer for assistance right away. A lawyer can return to the scene of your slip and fall accident, search for evidence of medical malpractice or property owner negligence, determine what type of claim is most appropriate, and make sure that you have everything you need to recover and move forward after a traumatic accident. Call us today for a free consultation at Manchin Injury Law Group.

Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.

  • Taylor Downs was easy to talk to (I do not speak the legal language well!) and was very upfront and honest about the entire process of my case. He kept me updated as the case progressed, and answered my relentless questions. The end result was a favorable settlement that I’m not sure could have been any better with anyone else. In short, go see Taylor if you have a case. Don’t be intimidated to go seek his help, he won’t blow your brains out with “legal speak”.


  • Being referred to Taylor was the best thing I could have asked for. Taylor and staff are very easy to talk to. I would highly recommend them to anyone.


  • If I ever have to go through it again I would definetly call Taylor right away. The group was so helpful through my situation and handled everything that needed to be done. They made a stressful situation a stress free situation. With Taylor you dont have to worry about one thing. Definietly would recomend to anyone.

    - TAYLOR G.

  • Efficient, knowledgeable, and friendly.


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Manchin Injury Law Group, Took care of me when I got into a car accident while I was pregnant. Very scary moment for a first time mom but thankfully Manchin Injury Law Group had my back and treated me great. They made me feel as if I was part of their family. My son is now 7 Months Old and very happy and healthy. I’m very thankful for them for helping me through everything and getting me what we deserved. I 100% would recommend them to anyone. If I ever have an accident again they will be my number 1 phone call!


  • The support given helped me to feel like I was included in my personal injury case every step of the way. I was informed about the entire process throughout. It was amazing how quick the turn around time was and I would definitely recommend Attorney Timothy J. Manchin to anyone!


  • Taylor and Kelly worked hard on my case so I didn’t have to. Thanks guys!


  • Excellent experience dealing with Manchin Injury Law. They were very responsive, professional and easy to talk to. I did my homework before I hired a lawyer after my accident and I am so glad I found Manchin Injury Law Group. If you are injured, give them a call!


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Kelly and Taylor did all the hard work so that I didn’t have to. They both cared about my circumstance and got me a nice settlement. Taylor knows what he is doing and I felt comfortable with my case in his hands.


  • Great lawyers. They helped me with a West Virginia case.


  • Such a great experience with Taylor and this firm. Thankful for their diligence and their work on our case. Thank you to all!


  • Had a easy and smooth experience with a great attorney so when you go there make sure you ask for Taylor.


  • My experience at the Manchin Injury Law Group was extremely positive, and I would recommend them to anyone who needs a compassionate and experienced lawyer on their side.


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