If you have been injured in a slip trip or fall in hospital you may wonder what steps you can take and whether you are owed compensation. You can take steps such as reporting the accident to the hospital, getting medical treatment for any injuries and collecting evidence. Taking these steps can help you to build a strong claim for fall in hospital compensation.
Key Points
- According to government statistics for England and Wales, falls are the most commonly reported safety incident for patients who are in acute hospitals and mental health trusts in England and Wales
- Hospitals have a duty of care to anyone on their premises. This includes internal and external spaces.
- You could claim fall in hospital compensation as a patient or visitor.
- Compensation may be awarded for pain and suffering as well as associated financial losses.
- A No Win No Fee solicitor could help you to make a hospital negligence claim.
Find out if you could make a medical negligence or public liability claim by talking to one of our advisors:
- Call now on 0800 073 8801
- Use our online chat.
- Start a claim online here.
Frequently Asked Questions
- What Can Cause Someone To Fall In A Hospital?
- Who Is At Fault For Hospital Falls?
- Can I Claim For Fall In Hospital Compensation?
- How Much Compensation Can I Get After A Hospital Fall?
- What Can Fall In Hospital Compensation Do For Me?
- How Can I Start A Hospital Fall Claim?
- Can I Claim On A No Win No Fee Basis?
- Learn More
What Can Cause Someone To Fall In A Hospital?
Many hazards can cause someone to fall in a hospital. These include:
- Failing to use wet floor signs.
- Leaving corridors and walkways cluttered
- Allowing loose cables or wires to trail across floors.
Hospitals have a duty of care towards patients, staff and visitors on hospital grounds. We shall explore this in a later section.
When May A Fall Be Caused By Medical Negligence?
A fall may be caused by medical negligence if a patient suffers unnecessarily because staff fail to provide the minimum standard of care expected. For instance, hospital staff should take appropriate measures if a patient is considered to be at a higher risk of falling out of a bed. Say a patient has dementia or is taking medications that make them disoriented. A hospital may be at fault if its staff do not adequately supervise the patient or fail to use bed rails.
Please contact us to find out more about public liability and medical negligence claims.
Who Is At Fault For Hospital Falls?
Determining who is at fault for hospital falls depends on the circumstances of the accident. For instance, the party in control of a public place, such as a hospital, is known as the occupier.
Under the Occupiers’ Liability Act 1957 (OLA), a hospital has a duty of care to ensure the reasonable safety of those on its premises, including patients and visitors. This duty involves taking practical steps, ranging from using wet floor signs where appropriate to conducting regular maintenance. If such steps aren’t taken, the hospital may be at fault for any fall and ensuing injury.
Get in touch with our team to learn more about who you could claim against.
Can I Claim For Fall In Hospital Compensation?
Yes, you can claim for fall in hospital compensation if you can show that your case meets the 3 basic criteria. These are:
- You were owed a duty of care from the hospital, either as a visitor or a patient.
- The hospital breached its duty of care. For instance, by failing to cordon off or clean up a wet floor at the top of a staircase.
- This breach directly caused your injuries.
What If I Wasn’t A Patient, But Just Visiting?
Whether you were a patient or just visiting the hospital, you have the same right to claim compensation. To make a claim, you will need to meet the eligibility criteria outlined above. Hospitals owe a duty of care to all those visiting and using their premises under the OLA.
Am I Able To Claim On Behalf Of Somebody Else?
Yes, you could claim on behalf of someone else. To do so, you will need to apply to become their litigation friend. You may do so when the person harmed can not make a claim themselves because they are under the age of 18 or are mentally incapacitated.
If you are unsure whether you could claim fall in hospital compensation, please get in touch with an advisor.
How Much Compensation Can I Get After A Hospital Fall?
If your claim is successful, how much compensation you can get after a hospital fall will be influenced by various factors, such as the long-term impact of your injuries. For instance, claimants who suffer a severe brain injury may receive compensation ranging from £344,150 to £493,000 for this harm. This bracket, along with most of those in the table that follows, has been taken from the Judicial College Guidelines (JCG).
Solicitors use the JCG to assign a potential value to a person’s injuries, as the document pairs suggestive compensation brackets with various forms of harm. That makes the JCG useful for both public liability and medical negligence claims.
The following table is included in this guide for guidance purposes only and doesn’t represent any guarantees regarding compensation. Note, the top figure does not come from the JCG.
| Injury | Severity | Notes | Compensation. |
|---|---|---|---|
| Severe and multiple injuries + special damages | Severe | Award for multiple injuries, inclusive of special damages. | Up to £350,000+ |
| Neck | Severe (i) | Includes cases of permanent spastic quadriparesis or paraplegia that is incomplete. | In the region of £181,020 |
| Back | Severe (ii) | Bracket has special features, such as nerve root damage with an associated loss of sensation and various impairments, including to mobility. | £90,510 to £107,910 |
| Wrist | Loss of function (a) | This loss of wrist function will be complete. | £58,110 to £73,050 |
| Elbow | Severely disabling injury | This injury will be severely disabling for claimant. | £47,810 to £66,920 |
| Shoulder | Severe | Often involves brachial plexus damage that causes significant disability. | £23,430 to £58,610 |
| Knee | Severe (iii) | Claimants may experience ongoing symptoms, such as pain, discomfort, and limited movement. | £31,960 to £53,030 |
| Foot | Serious | Where the claimant has ongoing pain due to traumatic arthritis (or future risk of it). | £30,500 to £47,840 |
| Achilles tendon | Most serious | Tendon and the peroneus longus muscle are severed, causing issues like swelling and restrictive ankle movement. | Around £46,900 |
| Leg | Less serious (i) | Serious soft tissue damage or fractures in where there is an incomplete recovery. | £21,920 to £33,880 |
Next, we look at what else a fall in hospital compensation claim could do for you. In the meantime, you can also contact our advisors for an assessment of your case.
What Can Fall In Hospital Compensation Do For Me?
Fall in hospital compensation can help to address the financial impact of your injuries. These costs are covered under special damages, which can compensate you for losses like the following:
- Medical expenses, such as the cost of rehabilitation or other private treatment.
- Lost income and earnings.
- Travel costs, such as getting to and from a hospital appointment by bus or train.
- Professional support or assistance from loved ones.
Please reach out today for a more tailored discussion of the benefits of making a hospital fall claim.
How Can I Start A Hospital Fall Claim?
To start a hospital fall claim, you will need to gather evidence and ensure that your case is filed in time. Evidence is essential, as it will show how your injuries were caused by a hospital breaching its duty of care to you. Examples include:
- CCTV or other video footage.
- Photos of where you were hurt, as well as of the injuries themselves.
- Contact details of anyone who witnessed the accident, as this information can be used by your solicitor to collect supportive statements.
- Medical records showing details of your injury, the treatment necessary and any long-term effects.
Time Limits For Fall In Hospital Compensation Claims
Typically, there is a 3-year time limit for starting fall in hospital compensation claims, as set by the Limitation Act 1980. However, exceptions to this timeframe apply for mentally incapacitated adults and those who are under 18, as neither group can claim for themselves. To find out when time limits may apply in such cases and learn more about proving a claim, please reach out to our team today.
Can I Claim On A No Win No Fee Basis?
Yes, you can claim on a No Win No Fee basis with one of our solicitors. Following a free, no-obligation consultation with an advisor, you may be able to make a hospital negligence claim with one of our solicitors via a Conditional Fee Agreement (CFA).
The benefits of claiming via a CFA include:
- No solicitor fees to be paid prior to starting your claim.
- Not having to pay any solicitor fees during the claims process.
- No solicitor fees to be paid if your fall in hospital compensation claim fails.
You will be charged a success fee if you win your personal injury claim. This fee is payment for the work carried out by the solicitor and is a legally capped percentage of your compensation. Details of what will be charged is set out in the CFA.
In addition to helping you on a No Win No Fee basis, there are other benefits to working with one of our solicitors. These include:
- A clear and concise explanation of how the claims process works.
- Access to our medical negligence team if your case is being made against medical professionals or a hospital.
- Help accessing medical treatment, physiotherapy and other services.
- Assistance in collecting evidence, such as your medical records.
- Communicating with other parties to the case, such as the defendant’s solicitors.
Contact Accident Claims’ Solicitors
See if you can be connected to one of Accident Claims’ solicitors today by reaching out to our advisory team by phone, online chat, or using our claims form:
- Phone 0800 073 8801.
- Use the online chat below.
- Click here and start a claim online.
Learn More
Here, you can learn more about claiming compensation for accidents and injuries that occur in hospitals:
- Learn about other types of slip, trip and fall claims.
- Check whether you could claim for a slip or fall on snow and ice.
- Learn more about how No Win No Fee solicitors could help you claim here.
Reference guides.
- Check how to get CCTV footage of yourself in this government resource.
- Find out more about first aid in this NHS guide.
- Learn more about safety in health services in this resource from the Health and Safety Executive.
Thank you for reading our guide to fall in hospital compensation claims, and please remember that our advisors are on hand to provide more tailored guidance.
