Posted on behalf of Henness & Haight on Nov 03, 2015 in Slip & Fall News
Accidents in Nevada hospitals happen far more often than people would like to admit, or perhaps more often than they should. When someone has an accident that results in injury and they are in a healthcare facility, they may be confused as to their rights and options. Was the injury due to negligence, malpractice or another form of liability? How can you be sure, and what can you do to get compensated for your injury? Here is an overview of hospitals and premises liability, and what you can do if you have an accident resulting in injury at a healthcare facility.
The first thing to do is eliminate the possibility of medical malpractice. Unless you are currently a patient at the hospital, or the accident that injures you occurs in the course of treatment, medical malpractice likely does not apply. This sort of liability only attaches if you suffer an injury while under the care of a doctor or other healthcare professional, and the injury is related to that care -- a misdiagnosed illness, for example, or a surgical mishap. There are obviously gray areas. Patients who fall while walking to the bathroom, for example, can claim malpractice only if their diagnosis indicates that they should be supported while walking or going to the bathroom, and their healthcare team failed to do so. You should talk to an experienced medical malpractice attorney for more information about your particular case.
For other visitors to hospital facilities, liability for accidents is based on premises law. Every property owner has a strict duty of care to maintain a safe and secure environment for visitors and guests. They must take any precautions that a reasonable person would take to mitigate dangerous situations. In hospitals, this can mean proper signage warning of things like bio-hazards, wet floors, and dangerous areas. Potential dangers should be identified and addressed to the hospital as soon as possible. If you slip and fall while visiting the hospital, you will need to demonstrate that these reasonable precautions were not taken by the facility. If the hospital should have reasonably known the danger existed and took no measures to mitigate the danger, they may be liable for your injury.
Personal injury laws are very tricky and complex. If you suffer an accident resulting from negligence or failure to maintain a duty of care by the hospital, you should contact a qualified premises liability attorney immediately. Hospitals will often fight hard to avoid paying out these kinds of claims, and insurance companies are known for bullying and strong-arm tactics. A personal injury attorney has the experience and knowledge to face down these hard challenges and fight for your rights. You may be entitled to medical expenses, pain and suffering, lost wages and opportunities and other compensation to help get you back on the road to recovery. An injury lawyer can help you get there. Have you suffered a fall or other accident in a healthcare facility and are confused as to what to do next? We can help. Give us a call to discuss your case with a premises liability lawyer in Las Vegas.