In this guide, we are going to look at compensation claims for patients falling out of bed in hospital. If you sustained an avoidable injury falling out of a bed while in the hospital after receiving substandard care, you could be eligible to make a hospital negligence claim. This guide discusses the specific eligibility criteria you must meet to have a valid case.
Additionally, we discuss more about what avoidable harm and injuries you could suffer falling from a bed and how this will be valued if you make a successful claim.
If you have good grounds to claim compensation after falling out of a hospital bed, you may like to have legal representation during the claims process. This guide concludes with a look at the benefits of having the support of a No Win No Fee solicitor and the terms under which they can offer their helpful services.
Our team is here to help you 24 hours a day, 7 days a week. To discuss your potential case for hospital negligence and find out if you are eligible for compensation:
- Call 0800 652 3087 to speak with an advisor.
- Fill in our ‘claim online‘ form and an advisor will call you back.
- Ask about fall claims in our live chat.
Select A Section
- What Are Compensation Claims For Patients Falling Out Of Bed In Hospital?
- What Steps Should Hospitals Take To Protect Patients From Falling Out Of Bed?
- How Do You Prove Hospital Negligence?
- What Is The Average Payout For A Fall In Hospital?
- Can A No Win No Fee Solicitor Help With Claims For Patients Falling Out Of Bed In Hospital?
- Further Guidance On Hospital Negligence Claims
What Are Compensation Claims For Patients Falling Out Of Bed In Hospital?
Medical professionals, as well as healthcare providers, such as hospitals, owe a duty of care to their patients. This means that they need to provide you with care that meets the correct standard. Failure to do so could lead to a patient sustaining harm that could have otherwise been prevented. This could constitute medical or hospital negligence.
However, in order for claims for patients falling out of bed in hospital to be eligible, they must meet a set of eligibility requirements. This means showing:
- A medical professional or healthcare provider owed you a duty of care.
- There was a breach of this duty.
- You experienced avoidable harm as a result.
If you would like to discuss your specific case and find out whether you’re eligible for compensation, call our team on the number above.
Check How Much Time You Have To Claim Compensation
Additionally, you must initiate legal proceedings within the relevant time limit. This is set by the Limitation Act 1980 which states that for hospital negligence claims you have three years to start your case. The three years can either begin from the date of hospital negligence, or the date when you realised hospital negligence occurred.
However, there are some exceptions to this limitation period. For example:
- For injured claimants who do not have the mental capacity to pursue their own case, the time limit will have an indefinite pause placed on it. While this pause is in effect, a litigation friend can start the claim on their behalf. However, if they regain the mental capacity required to initiate a hospital negligence claim, then they will have three years from the date of this recovery to begin the process if a litigation friend has not already done so for them.
- Children under the age of 18 cannot begin legal proceedings until their 18th birthday. Once they turn 18, they will have three years from that date to file their case. However, a litigation friend can act on their behalf at any point during the time limit’s suspension.
Speak with a member of our advisory team to discuss the eligibility criteria and time limits. They have knowledge of hospital negligence claims and can help you understand whether you have a valid case.
What Steps Should Hospitals Take To Protect Patients From Falling Out Of Bed?
After a patient has been admitted to hospital, a risk assessment should be conducted to assess whether a patient is vulnerable to falling out of their bed. There are several factors that can make a patient more susceptible to falling, including their overall health, age, and any medication they are taking.
There are steps hospital staff can take if a risk assessment identifies a patient as being vulnerable to falling from a bed. For example, bed rails may be used to prevent or reduce the risk of patients falling out of a bed and sustaining an injury.
Examples of how a healthcare provider could fail to uphold their duty of care and prevent patients considered vulnerable from falling out of bed in a hospital include:
- An elderly patient with poor mobility was admitted to hospital but no risk assessment was carried out to determine their vulnerability to falling out of bed. As a result, no bed rails where put up on the bed and the patient fell and broke their hip and suffered a moderately severe brain injury.
- A patient who was heavily medicated after surgical medical treatment was transferred to their bed but the rails weren’t put back up. Subsequently, they fell out of bed and sustained multiple fractures.
Contact our team to discuss claims for falling out of bed in hospital and find out whether you’re eligible to seek hospital negligence compensation.
How Do You Prove Hospital Negligence?
As with all hospital negligence claims, you will need supporting evidence to show that you suffered avoidable harm after substandard care was provided.
Examples of what you could submit as proof of hospital negligence include:
- Witness contact information. If anyone was in your hospital room and saw the bedrails not being used appropriately, you can note their contact details so they can give a statement later in the claims process.
- A copy of your medical records. These can help illustrate the injuries you suffered in the fall and what treatment you required.
- A copy of X-ray scans. If you sustained a broken bone in the fall, you can submit a copy of the x-ray.
- Copies of risk assessments. These may have identified the need for you to have raised bed rails at certain points during your treatment.
- Pictures of any visible harm suffered in the fall.
If you need any help collecting evidence to prove your claim, please contact our advisory team. They may be able to connect you with one of our expert hospital negligence solicitors to assist you with building your case and seeking compensation.
What Is The Average Payout For A Fall In Hospital?
You might wonder whether there is an average payout that can be awarded for avoidable injuries sustained in a fall in hospital. However, different factors are considered when valuing claims, such as the severity of any harm sustained, the impact it is likely to have on your quality of life in the future, the treatment you required, and your recovery period. As such, it can be difficult to provide an average.
Generally, though, if your hospital negligence claim is successful, your compensation payout could consist of up to two heads of loss: general and special damages.
General damages compensate for the pain and suffering caused by the avoidable harm suffered due to a breach of duty of care. The guideline award brackets found in the Judicial College Guidelines (JCG) may be referred to when assigning value to general damages. The JCG contains a list of various types of injuries and illnesses.
Compensation Table
In our table below, we have included figures from the JCG. The top figure is not taken from the JCG. Please note our table is only intended as a guide as settlements are calculated on a case-by-case basis.
| Harm Type | Severity | Notes | Compensation Bracket Guidelines |
|---|---|---|---|
| Multiple very severe injuries or illnesses plus financial losses | Very Severe | Settlements could include compensation for more than one severe injury or illness as well as financial expenses, such as lost wages, medical costs, and the cost of help at home. | Up to £250,000+ |
| Brain Damage | Moderate (i) | Cases in this bracket will involve an intellectual deficit of a moderate to severe nature, a change in personality, an effect on the senses and a significant epilepsy risk. There is also no employment prospects. | £150,110 to £219,070 |
| Less Severe | Although the injured party has made a good recovery, there may be persisting problems, such as poor concentration and memory. | £15,320 to £43,060 | |
| Back | Severe (iii) | Disc lesions or fractures or soft tissue injuries causing chronic conditions. | £38,780 to £69,730 |
| Moderate (ii) | This bracket includes frequently encountered injuries such as soft tissue injuries that exacerbate or accelerate a pre-existing condition by 5 or more years. | £12,510 to £27,760 | |
| Arm | Permanent and Substantial Disability | One or both forearms suffers a serious fracture causing a permanent residual disability that is either functional or cosmetic. | £39,170 to £59,860 |
| Simple | This bracket applies to simple forearm fractures. | £6,610 to £19,200 | |
| Neck | Severe (iii) | Injuries leading to severe soft tissue damage and/or ruptured tendons causing chronic conditions and a permanent significant disability. | £45,470 to £55,990 |
| Moderate (i) | Fractures or dislocations causing severe and immediate symptoms where a spinal fusion may be required. | £24,990 to £38,490 |
Special Damages In Hospital Negligence Claims
Settlements awarded in successful claims for patients falling out of bed in hospital can also include special damages. This second head of loss compensates for the financial losses incurred due to hospital negligence.
Examples of the costs you could claim back under this head include:
- Nursing care costs.
- Loss of earnings.
- Medical expenses.
- The cost of mobility aids.
- Domestic care costs.
You should submit evidence of your expenses if you would like to recover them. For example, receipts, bank statements and wage slips can all help prove the losses you incurred.
If you have any questions about how much your compensation claim could be worth, please speak to a member of our advisory team. In addition to providing free advice about hospital negligence cases, they can assess how much compensation you could claim.
Can A No Win No Fee Solicitor Help With Claims For Patients Falling Out Of Bed In Hospital?
If you have a valid hospital negligence claim, you may like to instruct a solicitor to support your case. If so, one of our solicitors could provide their services on a No Win No Fee basis under the terms of a Conditional Fee Agreement (CFA).
When your solicitor represents your case under a CFA, they typically won’t take a payment upfront to begin working on your claim. There also won’t be any ongoing fees for the work they continue to do on your case as it proceeds. Furthermore, you will not be asked to pay for their services if you aren’t awarded medical compensation following an unsuccessful case.
However, when claims for patients falling out of bed in hospital are successful, a success fee is deducted from the compensation awarded. This is taken as a legally limited percentage ensuring you keep the most of your award.
Find Out How Our Medical Negligence Team Could Help You
If you have any questions regarding the hospital negligence claims process and how to claim if you sustained an avoidable injury while in the hospital due to receiving substandard care, speak with a member of our advisory team. Additionally, if your claim is eligible, you could be connected to one of our expert solicitors who could begin working on helping you seek compensation under the terms of a No Win No Fee agreement.
To get in touch today:
- Call 0800 652 3087 to speak with an advisor
- Fill in our ‘claim online‘ form and an advisor will call you back.
- Ask about claims for falls in hospital in our live chat.
Further Guidance On Hospital Negligence Claims
Here are some guides relating to medical negligence claims that you might find helpful:
- Information about X-ray negligence and how to claim compensation.
- Guidance on how to report medical negligence by a GP, doctor, dentist or hospital and who to make your report to.
- Information about anaesthetic negligence and when you might be eligible for compensation.
Some external websites that you might find useful:
- Information on the complaints procedure and how to complain to the NHS.
- Guidance on bed rail risk assessments for the health services from the Health and Safety Executive.
- An NHS guide on how to know if you’ve suffered a broken bone and how to get medical help.
If you have any further questions about claims for patients falling out of bed in hospital, please get in touch.