Last Updated on April 16, 2025 by tanya

If A Family Member Has A Fall In Hospital

 

How to File a Medical Negligence Claim

 

If a family member has a fall in hospital, it can be a distressing time. You may be left wondering if it could have been avoided? Unfortunately, patient falls in hospitals are not uncommon.

While not every fall is due to negligence, hospitals have a duty to minimise known risks and protect vulnerable patients. Generally we trust our medical profession to provide safe, high-quality care, but unfortunately accidents can occur.

If you have a family member who has suffered harm after a fall in hospital, you may want to find out if the fall was preventable? Did the hospital fail in its duty of care? Should you file a medical negligence claim for compensation?

 

To find out more, contact us as we partner with lawyers who are experienced in medical negligence claims. They work on a ‘No Win, No Fee’ basis and can assess whether you may have a valid claim.

 

Immediate Steps to Take After a Hospital Fall

 

If you’ve been informed that your loved one has fallen while in hospital, it’s important to act promptly as follows:

 

Check on Their Condition

First and foremost, ensure your family member receives the appropriate medical attention following the fall. Speak directly with the attending doctor or nurse to get a clear picture of their injuries, any diagnostic tests (such as X-rays or scans) being done and planned treatment.

 

Request Details Of The Fall

Ask the hospital staff for details on how the fall happened. This may include:

 

• The time and location of the fall
• Whether a staff member was present or nearby
• If appropriate fall prevention measures were in place (e.g., bed rails, non-slip flooring, call bells within reach)
• Any contributing factors (like medication effects, poor lighting, or environmental hazards)

 

Request an Incident Report

 

Hospitals are typically required to complete an internal incident report for any patient falls. You have the right to request a copy of this report. It will provide important information on how the incident occurred and what actions were taken.

It is also advisable to keep a personal log of the following:

 

• The date and time you were notified of the fall
• Names and roles of the staff you speak with
• Summary of conversations and medical updates
• Any visible injuries or changes in your family member’s condition

 

If possible, take photographs of any visible injuries (with your loved one’s consent).

 

Was The Fall Due to Negligence?

Not every fall in a hospital setting is due to negligence. Some falls are unfortunately unavoidable despite appropriate care. However, hospitals have a duty of care to minimise known risks, especially for patients identified as high risk for falls, e.g. the elderly.

Negligence may be considered if:

 

• The hospital failed to assess your family member’s risk of falling upon admission
• Recommended fall prevention measures were not implemented, such as bed alarms
• Unsafe conditions existed. For example wet floors, trip hazards, poor lighting
• Inadequate staff supervision or delayed response to patient needs contributed to the fall

 

If harm resulted from the fall, you may have grounds to pursue a medical negligence claim.

 

How to File a Medical Negligence Claim

Medical negligence, also known as clinical negligence occurs when a healthcare provider breaches their duty of care, causing injury or harm to a patient. If you are concerned that your loved one’s fall may have been to negligent care, you should speak to a lawyer who has experience in medical negligence.

To support a claim, you’ll need to provide evidence that:

 

• The hospital owed a duty of care (which it automatically does for admitted patients)
• There was a breach of that duty through action or omission
• This breach directly caused harm to your family member

 

Essential evidence may include:

• Medical records and care plans
• Incident reports
• Photographs of injuries
• Witness statements (from other patients, family, or staff if available)
• Expert medical opinions

 

Making a ‘No Win, No Fee Claim

There’s a legal time limit to file a medical negligence claim. This is typically three years from the date of the incident, or the date you first realised negligence may have occurred. There may be exceptions for cases involving minors or those lacking mental capacity.

The value of the claim depends on the severity of injuries and the impact on your family member’s quality of life. Compensation typically covers medical expenses, pain and suffering, loss of income and costs for future support if applicable.

Your next step will be to consult with a medical negligence lawyer who can assess your case.

We partner with highly experienced lawyers who work on a ‘No Win, No Fee’ basis. Contact First Personal Injury today at 0333 358 2345. Alternatively, you can complete our online contact form to schedule an initial, no-obligation consultation with a member of our expert team.