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Patient Falls in Hospitals: What’s Your Recourse in Ontario?

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Patient Falls in Hospitals: What’s Your Recourse in Ontario?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
Patient falls in hospitals Himpro

Patient Falls in Hospitals

About one-third of all seniors in Canada experience a serious fall annually. The total healthcare cost for these mishaps reaches nearly $2 billion every year. What can be done about fall prevention in hospitals and how can you get legal help related to patient falls in hospitals?
Falls in Hospitals

Patient falls in hospitals are, unfortunately, a common occurrence in Ontario and elsewhere. How common? Between 40 and 60 percent of all long-term patients in medical facilities fall at least one time per year.

Plus, falls in hospitals account for nearly half of all incidents at inpatient facilities in Canada. This is proof that even with stringent fall-prevention programs in place, many people are facing serious and sometimes permanent injury from falls in hospitals.

Recourse for Patient Falls In Hospitals

Pursuing a legal case against whoever is at fault for a patient’s fall is a complex situation. There are numerous factors involved and the outcome of such a case depends on multiple facts, all of which must be meticulously documented. As a general legal rule, claimants sue under the Ontario “Occupier’s Liability Act” for a “slip and fall” type injury.

It doesn’t matter who owns the property. It might be a retail store, a hospital association, a homeowner, a school district, or a municipality. The key issue is proving negligence, a central component of every liability claim in the courtroom. What are some of the common scenarios that result in a lawsuit?

Know About the Limitation Periods for Filing a Lawsuit

In general, you have two years to initiate a legal claim against the owner of the property where you fell and sustained your injury. But be careful. As is the case with so many legal issues, there are multiple exceptions to the general rule. For example, if you fall on property owned by a city or municipality, the law requires you to notify the property owner within 10 days of the incident that you intend to sue. There are numerous other exceptions.

What’s the wise approach? Hire a lawyer who has experience with filing cases related to hospital falls in Ontario.

Legal Help Is Essential

There’s no way to succeed in a claim for falling in a hospital unless you have competent, experienced legal help. What kind of compensation might be awarded to you upon a successful lawsuit?

  • General suffering and pain, both physical and psychological
  • Loss of income
  • Expenses for things like medications and medical-related travel
  • Future loss of income

What’s more, the amount of your award in a successful case is dependent on the severity of your injury, how it has impacted your daily life, your age, whether you were partly in fault for your fall, and whether you suffered from any pre-existing conditions at the time of the incident.

It’s obvious that programs for fall prevention in hospitals are not doing enough to prevent serious injuries. Otherwise, there wouldn’t be nearly as many incidents as there are. The other key element of this issue is the complexity of any legal suit filed by a victim. To succeed, you need a good lawyer, well-documented facts and the patience to fight against a large institution.

If you fall in a hospital in Canada and suffer an injury of any kind, contact a lawyer immediately.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
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I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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01:26 22 Dec 23
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15:52 06 Dec 23
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Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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