I am a personal injury lawyer dedicated to helping you. Whether you have been injured in a car accident or have suffered a fall, I can help you make the insurance company pay you what you are entitled to. As a former insurance defense attorney, I know how the insurance companies work.
Ironically, even in a hospital, accidents take place, and proving liability for this type of accident requires the expertise of an experienced personal-injury attorney.
When pursuing a personal-injury lawsuit that is hospital related, you should know the following:
You and any other witnesses present at the time of the accident will help to validate any pending lawsuit by creating a written account of what happened. Jotting down details or recording information into a mobile phone soon after an incident is better than relying on memory. Whether the victim’s mobility, job performance, relationship with a spouse or even a vacation has been compromised by injuries due to a fall, that type of information should all be notated—it will be crucial when the time comes for demanding compensation.
Any medical intervention that would take place at the hospital would be included in a medical record; and it is important a copy of that information be obtained.
More often than not, a person or persons must be found negligent in order to be held legally liable for injuries to someone else. Determining liability can be very complex; and a lawsuit filed over a hospital fall will be governed by one of two legal determiners: 1) medical malpractice or 2) ordinary negligence.
Medical Malpractice: A fall and resultant injuries can be blamed on medical malpractice if it is proven that inadequate care played a role in the fall of the patient. In other words, medical treatment must fall below an accepted medical standard of care. Additionally, the sub-standard treatment must result in harm to the patient. One very simple example might include a doctor failing to properly diagnose a patient who has suffered a stroke and the patient is placed in a bed without safety rails in place which could have prevented a fall from the bed. Additionally, a patient can suffer an injurious fall when one or more medical caretakers drop the patient due to improper lifting techniques.
In most medical malpractice cases, an expert will testify on your behalf. He or she will:
Ordinary Negligence: With ordinary negligence, expert testimony is not necessary as it pertains to the personal-injury lawsuit, but proof of liability is confined to what was reasonably expected. This would pertain to circumstances as they would apply to the facility’s duty to adequately maintain the hospital to avoid slips and falls or any other accidents. A freshly-mopped floor with no barricade and no visual warning would be an accident and lawsuit waiting to happen.
At The Kashar Law Firm, we will determine if your case falls under the category of a medical malpractice or an ordinary negligence case. Additionally, be aware that insurance companies will do their best to minimize your monetary compensation. I am a former defense attorney for the insurance industry, and I will not allow you or your family to fall victim to slick insurance-company attorneys!
The Kashar Law Firm specializes in helping McKinney families with fall-related injuries. Give us a call today for a free consultation at 972-888-6018.
Contact me today for a free case evaluation. No attorney’s fees or expenses unless you recover.