Q: Is a hospital liable if I fell out of a hospital bed on the floor after surgery and had a hypoxic brain injury?
I came back from emergency surgery from nasal cauterization and the top bed rail was left down. I had just been placed in the step down unit from coming out of a medically induced coma due to Covid 19. I was recovering very well but could not not walk or sit up in the bed without help and I was incoherent after the surgery. They said I fell on the floor and I struck my head and the whole right side of my body. I fell into a deep coma and my heart stopped. My heart started beating again and I was intubated again and hospice was following me after being in the coma for almost two more months. The hospital told my children that I should just pull the plug and when they didn’t then they told them that I could be put on palliative care. I all of a sudden woke up and I was almost myself again, the doctors said that I am a true miracle because I only had 4% brain activity left after the fall.
A: Yes, this may be a medical malpractice claim.
Tim Akpinar agrees with this answer
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