Complaint in Federal Court for Preventable Fall At Hospital
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FAQ
The short answer is that it depends on the circumstances surrounding the fall, and what caused it. In almost every situation where someone falls in a hospital, any lawsuit filed over the incident will be governed by one of two legal concepts: medical malpractice, or. ordinary negligence.
To be negligent is to be neglectful. Negligence is an important legal concept; it's usually defined as the failure to use the care that a normally careful person would in a given situation. Negligence is a common claim in lawsuits regarding medical malpractice, auto accidents, and workplace injuries.
A driver who runs a stop sign causing an injury crash. A store owner who fails to put up a Caution: Wet Floor sign after mopping up a spill. A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.
Duty of care. Breach of duty. Causation (cause in fact) Proximate cause. Damages.
Do you want to hold another party accountable for their negligent behavior? Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm.