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Category: Physician Neglect

Inpatient Falls and Ordinary Negligence

When a patient falls in a hospital setting, a medical malpractice claim is indeed a possible recourse. However, medical malpractice is not always applicable when a patient falls. Sometimes a personal injury claim based on ordinary negligence is the only course to follow.

Basically, the circumstance surrounding the incident are the determining factor. Like any other situation when someone slips or falls due to unsafe conditions, a patient who is injured in a hospital setting that is unsafe may be eligible for compensation resulting from a slip and fall personal injury claim.

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When Inpatient Falls May Constitute Medical Malpractice

Patients in a hospital or medical treatment setting can be at risk for injury while in that setting. Patient falls, for instance, are not uncommon. But when do those falls give rise to a personal injury claim? The answer is not a simple one. There are two types of personal injury claims that typically may arise from injuries acquired in a medical facility or hospital setting: medical malpractice and ordinary negligence.

This blog post will focus on identifying the parameters surrounding inpatient falls that constitute medical malpractice.

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Reasons for Common Surgical Errors Leading to Medical Malpractice

When a patient undergoes surgery, they put their trust in their surgeon(s) and medical team that they are prepared and skilled and that their competency levels are high enough to achieve success. However, it is a fact that surgical mistakes (read our blog post on common surgical errors) do happen, but when they do, it does not necessarily mean that the errors constitute medical malpractice.

Medical malpractice does not account for every instance when a surgery is unsuccessful or when medical treatment goes wrong in some way or another. Medical treatment in question should adhere to a medical standard of care that is uniformly accepted by the medical industry. And even when it doesn’t, medical malpractice does not come into play unless the treatment causes patient harm.

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Common Surgical Errors That May Signal Medical Malpractice

Surgical errors in and of themselves are not necessarily predications for medical malpractice claims. However, they are the basis for medical malpractice when those errors fall below the standard medical of care and when they cause patient injury.

Surgeons and surgical staff are expected to be prepared, skilled and competent. But when they aren’t, some wide-ranging, common errors can occur. The following are a sampling of the kind of errors that can occur when surgical staff fall below the medical standard of care:

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Medical Malpractice and Patient Abandonment

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When a patient is under a physician’s care and that physician abruptly terminates the provider/patient relationship without reasonable notice or excuse, and fails to give the patient adequate opportunity to find a qualified replacement provider, that can constitute medical malpractice called patient abandonment—that is if the patient suffers a worsening of their condition or further harm as a result.

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