Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

A: If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential defendants. Med malpractice usually occurs when the injury occurred as a result of diagnosis and/or treatment rendered by a medical professional as defined by the malpractice statute in the state where the injury occurred.

I strongly advise that you contact an experience medical malpractice attorney in your area

A: Hello!

This is Attorney Damien Bosco. My law office is in Forest Hills, Queens County, New York City. My practice covers the New York City metropolitan area and Long Island. In some situations, I also handle matters throughout New York State.

A patient falling from a stretcher could be considered medical malpractice, depending on the specific circumstances. Hospitals and medical staff have to exercise reasonable care to prevent patient falls, including properly securing patients on stretchers. Failing to follow proper safety protocols could be seen as a breach of the standard of care. If the fall occurred due to negligence on the part of hospital staff or ambulance personnel, such as not properly securing the patient or leaving them unattended, it could be grounds for a malpractice claim. Courts may consider whether the hospital had appropriate fall prevention measures in place, such as raised side rails on stretchers and proper patient assessment protocols. Not all patient falls are automatically considered malpractice. Each case is unique and depends on the specific circumstances and evidence available. It would be advisable to consult with a medical malpractice attorney who can evaluate the details of your case and provide guidance on how to proceed.

A: It could be actionable as a tort claim, and attorneys might pose cogent arguments supporting both textbook negligence or med mal standards of care. However, Mr. Heyman raises a very good point that med mal claims often involve treatment/diagnosis on the part of medical professionals, defined by statute. Additionally, med mal claims require certificates of merit to evidence a consult with a medical professional about the merits of a med mal action, something that wouldn't be required with cases grounded more on basis negligence theories. Good luck