Q: My husband was admitted to the hospital with pneumonia and then subsequently transferred to rehab --
he's fallen out of bed twice in the past four weeks and had to be admitted into the ICU. Do I have an abuse case here?
A: I am sorry to give you a stereotypical lawyer answer, but whether or not your husband has a claim for injuries against the rehab facility depends on many details. I assume that it was the second fall that caused the injuries that sent your husband to ICU. In order to bring a valid claim, it would need to be shown that the second fall occurred as a result of negligent care by the facility. Whether or not that is so depends on the specific facts of the care, or lack thereof, that was provided to your husband. For example, given that he had already fallen out of bed at least once, the rehab facility knew that he was a risk for a fall of that type. Given that knowledge, did the facility provide adequate safeguards against such a fall? This situation, as most others, is very fact specific. I recommend that you speak to a personal injury attorney who would get all the facts and give you proper advice.
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