I want to know if it is possible to make an injury claim for a hospital patient slipping in the shower. My mother slipped in the hospital shower and fell and broke her pelvis.
Your mother should be entitled to make an injury claim for a hospital patient slipping in the shower against the hospital’s liability insurance policy if it can be established and proven that her accident resulted from the negligence of the hospital staff.
There are other criteria which must be met before a claim can be made against a hospital for an accident in which a patient sustained a personal injury. In order for compensation for a hospital patient slipping in the shower to be claimed, it must be established that the duty of care that was owed to your mother was broken; such as would be the case if an acceptable standard of nursing care had not been provided.
If your mother was not physically capable of showering safely on her own, a nurse should have been allocated to assist her in the shower. The charge nurse should have assessed your mother condition, both mentally and physically, and your mother should have assigned nursing staff to assist her if this was appropriate.
If the assessment was not conducted – or if your mothers could not perform basic tasks without placing her health in jeopardy – and this was not identified by the charge nurse or the staff under his or her control, this would be classed as a failure in a duty of care. This would make an injury claim for a hospital patient slipping in the shower possible, provided that the accident could have been prevented by allocating sufficient – and competent – staff to assist your mother.
Although it may seem straightforward to establish the nursing staff was negligent, in practice proving negligence in injury claims for hospital slips and falls can be a complicated process. Liability for a slip and fall in a hospital will not be accepted by the hospital manager – or his or her insurance company – until evidence of negligence has been collected and it is proven that the hospital staff was at fault.
For this reason it is important that a personal injury solicitor – with experience of dealing with hospital medical negligence claims – is consulted initially to confirm that a claim for compensation for a slip and fall in a hospital is possible, but also that a solicitor is instructed to thoroughly investigate the case.
Before compensation for a hospital patient slipping in the shower can be claimed, the person or persons who were responsible for the mistake that led to the accident occurring must be identified. It may not have just been one person, and there may have been a catalogue of errors at the hospital that contributed to the fall in care standards.
Once the persons responsible have been established and evidence has been collected, a claim for compensation for a slip and fall in a hospital can be commenced. Your chosen solicitor will seek a settlement offer from the hospital’s insurance company, although the injury claim for a hospital patient slipping in the shower may need to be settled through litigation if a settlement cannot be reached, or if liability for the accident is denied by the HSE.