Auburn, CA asked in Personal Injury, Health Care Law and Medical Malpractice for California

Q: During an ER visit for vertigo at the ER, I was left unattended to use the restroom and fell and broke my fibula

I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray, which showed a fractured fibula requiring surgery. I believe that, given my condition, I shouldn’t have been left unattended. I’m questioning if this situation constitutes medical negligence, as proper assistance could have prevented the fall and injury.

3 Lawyer Answers

A: Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence can be challenging, requiring expert testimony and careful documentation. Additionally, factors like comparative negligence and time limits for filing claims could impact your case. Consulting a legal professional specializing in medical malpractice would be essential to evaluate your specific circumstances and options.

A: It sure sounds like it. Talk to a personal injury attorney who handles Medical Malpractice right away. There are very strict timelines so don't delay and good luck to you... TED

James L. Arrasmith
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Answered

A: I'm sorry to hear about your experience in the ER. Being left unattended while dealing with vertigo could be a concern, especially if it led to a serious injury like a fractured fibula. Hospitals have a duty to ensure patient safety, and proper monitoring is part of that responsibility.

Your situation might fall under medical negligence if it’s determined that the staff did not provide the appropriate level of care. Falls in medical settings can sometimes be prevented with adequate supervision, particularly for patients experiencing dizziness or balance issues. The fact that you had to insist on an X-ray suggests there may have been delays in addressing your injury.

It would be beneficial to consult with a legal professional who can evaluate the specifics of your case. They can help determine if there was a breach in the standard of care and advise you on the best steps to take moving forward. Gathering all relevant medical records and documenting your experience will support your case.

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