Are Hospitals Liable for Falls That Happen During Inpatient Care?

September 10, 2025

Yes, a hospital is liable if a fall during inpatient care was caused by the hospital’s failure to provide a safe environment or meet the accepted standard of medical care. But not every fall is grounds for a lawsuit; the key is proving the fall was preventable and resulted from negligence.

This means showing the hospital staff knew or should have known about a fall risk and failed to take reasonable steps to protect the patient. Proving this involves a detailed review of medical records, hospital policies, and sometimes expert testimony, which is a difficult process while you are focused on recovery.

If you have a question about a fall that happened during a hospital stay, call us at (215) 569-0900.

Key Takeaways for Hospital Fall Liability

  • A hospital is liable for a fall if it was preventable. You must prove the hospital was negligent by failing to take reasonable steps to protect a patient they knew, or should have known, was a fall risk.
  • Proving negligence requires specific evidence. This includes medical records, hospital fall-prevention policies, and expert testimony to show the hospital breached the required standard of care.
  • Compensation covers more than just medical bills. You may pursue payment for all financial losses, including lost income and future care, as well as for non-economic damages like pain and suffering.

Was It Just an Accident, or Was the Fall Preventable?

The line between an unavoidable accident and negligence isn’t always clear. Hospitals may suggest a fall was caused by a patient’s own weakness or confusion. But patients are in a vulnerable state due to their medical condition or medications, and it’s the hospital’s duty to account for these risks. In Pennsylvania, hospitals have a legal duty to keep patients safe, which includes preventing foreseeable falls.

The central question is one of preventability. A fall may be considered preventable if the hospital failed in one of its core duties. Legally, this is viewed through two lenses:

  • Medical Malpractice: This applies if the fall resulted from a failure in clinical care. For example, failing to identify a patient as a high fall risk, not responding to a call bell in time, or medication errors that cause dizziness.
  • Premises Liability: This is more like a typical slip-and-fall case and applies if the fall was caused by a dangerous condition on the property, like a wet floor without a warning sign, poor lighting, or cluttered hallways.

What Does It Take to Prove a Hospital Was Negligent?

Simply falling in a hospital is not enough to prove negligence. You must show that the hospital failed to meet the legally required “standard of care.”

The standard of care is the level of caution and care that a reasonable healthcare provider would have used in a similar situation. In Pennsylvania, proving a breach of this standard requires establishing four key elements:

  • Duty: The hospital had a responsibility to care for you and keep you safe. This is established the moment you are admitted.
  • Breach: The hospital or its staff failed to meet the standard of care. This is the most challenging part to prove.
  • Causation: This failure directly caused the fall and your resulting injuries.
  • Damages: You suffered actual harm, such as new personal injury medical bills, lost income, or pain and suffering.

What Common Failures Lead to Hospital Fall Claims?

Many preventable falls happen because of breakdowns in basic safety protocols. The Joint Commission, which accredits hospitals, has found that common causes of falls include communication failures and not adhering to safety protocols. Some of the most frequent issues we see include:

  • Failure to Assess Fall Risk: Hospitals are required to assess a patient’s risk of falling upon admission and throughout their stay, especially if their condition changes. This assessment should account for age, mobility issues, confusion, and medications.
  • Ignoring a Patient’s Known Fall Risk: Identifying a patient as “high risk” is meaningless if no action is taken. This includes failing to use bed alarms, keeping bed rails up, or placing the patient in a room closer to the nursing station.
  • Inadequate Staffing or Delayed Response: When nurses are overworked, call bells may go unanswered for long periods. This leads to a patient trying to get up on their own to use the restroom, resulting in a fall.
  • Unsafe Environment: This covers hazards like spills that aren’t cleaned up, poorly lit rooms, equipment left in walkways, or broken bed rails.
  • Medication Errors: Prescribing medications that cause dizziness or confusion without warning the patient or implementing proper safeguards is a frequent cause of falls.

What Compensation May You Pursue After a Hospital Fall?

If a hospital is found liable for a fall, you may pursue compensation for the various ways the injury has impacted your life. The goal is to recover financial support for both your tangible and intangible losses. This compensation is generally divided into two main categories:

  • Economic Damages: These are the direct financial costs you have incurred because of the fall. This includes:
    • Additional medical bills for treating the fall-related injuries.
    • The cost of rehabilitation or physical therapy.
    • Lost wages if the injury kept you from working.
    • Costs for any necessary in-home care or modifications to your home.
  • Non-Economic Damages: These compensate you for the non-financial harm you have suffered. This includes:
    • Pain and suffering.
    • Emotional distress and mental anguish.
    • Loss of enjoyment of life if the injury prevents you from activities you once loved.

Frequently Asked Questions About Hospital Falls in Pennsylvania

What is the deadline for filing a lawsuit for a hospital fall in Pennsylvania?

In Pennsylvania, the statute of limitations for medical malpractice is generally two years from the date you knew or reasonably should have known about the injury and its cause.

What if the hospital says the fall was my fault or my loved one’s fault?

Hospitals sometimes argue that a patient was “contributorily negligent.” However, it is the hospital’s duty to protect patients who may be confused, weak, or unable to protect themselves. Pennsylvania’s law on this issue means you may still recover compensation as long as your share of the fault is not greater than the hospital’s. Our role is to ensure no blame is unjustly placed on you.

Are hospitals required to report falls?

Yes. In Pennsylvania, hospitals are directed to report adverse events, including inpatient falls, to the Pennsylvania Patient Safety Authority. These reports are sometimes useful in an investigation.

Let Us Help You Get Answers

You trusted a hospital with your care, and you were harmed. You don’t have to face the consequences alone. The sooner we begin looking into what happened, the better we protect your rights.

Call Wapner Newman today for a free consultation at (215) 569-0900.