Dad Falls From Hospital Bed, Hits Head & Dies; Sample Closing Argument-A...

Gerry's Educational Medical Malpractice Website

The nurse in the hospital called the daughter to let her know that dad had fallen out of bed and hit his head. "What do you mean he fell out of bed? He was supposed to be physically restrained to the bed. That's impossible."

Unfortunately, it wasn't impossible. But dad was 72 years old and had lung cancer and had become agitated that day. He was in the hospital getting certain tests and his doctor decided that to protect the patient from himself, it would be best if he was physically restrained to the bed so he could not get up and walk around on his own.

There was a special restraint that attached to him like a vest and was supposed to be attached to the bed. If secured properly, there is no way a patient could get up on his own and get up out of bed.

Dad was taken for an MRI, and after the MRI the staff wheeled him to a new room on a different floor. They transferred him from the stretcher to the bed in the room and tucked him in and covered him with his blankets. They said goodnight and left the room.

What do you think happened?

Shortly after that, dad decided he needed to go to the bathroom. He got up from the bed, fell on his head and suffered a massive subdural hematoma, which is a bleed into his brain causing him to lapse into a coma one and a half days later.

Unfortunately for dad, he was receiving chemotherapy for lung cancer and the bleed in his brain became much worse as a result of the chemotherapy. Two and a half weeks later, dad died as a direct result of his brain shutting down from the massive trauma he suffered when he fell out of bed.

Want to learn why dad was able to get out of bed when he never should've been allowed out of bed?

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website‬.

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at lawmed10@yahoo.com. This is what I do every day and I'd be happy to chat with you.

Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207

Email: lawmed10@yahoo.com
Twitter: @GerryOginski