Quick answers
These short answers are designed to help families understand the first legal questions after a hospital fall. They are general information only, not legal advice on any individual case.
Can we claim if an elderly relative fell in hospital?
A claim may be possible if the fall was foreseeable and reasonable precautions were not taken. The issue is not simply that a fall happened, but whether staff assessed and managed the risk properly.
What makes a hospital fall potentially negligent?
Potential failures include no falls risk assessment, an outdated assessment, failure to provide assistance, poor call-bell access, unsafe transfers, unsuitable footwear, inadequate observation, medication issues, or failure to respond after an earlier fall or near miss.
Why the first fall or near miss matters
A previous fall, confusion, dizziness, weakness, infection, medication change or reduced mobility can all signal increased risk. If those warning signs were present, staff may have needed to reassess risk and update the care plan.
What should be checked after a hospital fall?
The records should be reviewed for falls assessments, nursing notes, care plans, observation charts, medication charts, physiotherapy notes, occupational therapy input, incident reports and post-fall medical reviews.
The injuries that often justify investigation
Serious injuries such as hip fracture, head injury, spinal injury, loss of independence, worsening mobility, prolonged admission or death may justify careful investigation, especially where the fall followed earlier warning signs.
How Scott approaches these cases
Scott and his team look at the full chronology: what staff knew, what assessments said, what the care plan required, whether the plan was followed and whether reasonable precautions would probably have prevented the injury.
Source used
This page is informed by NICE guidance on falls assessment and prevention for older people and people at higher risk. See NICE: Falls: assessment and prevention.