$375,000 Settlement for Patient Who Fractured Femur in Hospital Fall

On September 12, 2022, Phelan Petty’s Brielle Hunt secured a $375,000 settlement for a patient who suffered a fractured femur in a hospital fall.

Background of the case

The plaintiff presented to the defendant facility complaining of bilateral worsening leg weakness and pain. She was accompanied by her daughter. Her daughter allegedly explained that the plaintiff was a fall risk and requested a wheelchair on two occasions, though no such requests appeared in the medical records. There was a factual dispute as to whether a fall risk assessment was performed on the plaintiff in the emergency room. The plaintiff alleged that the hospital staff failed to perform an adequate fall risk assessment and that no wheelchair, walker, or other assistive device was provided to her. The defendant alleged that a fall risk assessment was performed by the triage nurse who determined the plaintiff was not a fall risk.

An X-ray of the lumbar spine was ordered. The plaintiff was escorted to the radiology department by the X-ray technician. Surveillance footage depicted the X-ray technician providing support to the plaintiff by holding her arm as they walked down the hallway. Following the study, the plaintiff returned to the emergency room. Surveillance footage depicted the X-ray technician walking in front of the plaintiff — not physically escorting her or supporting her — when the plaintiff fell to the floor in the entryway of her room.

The plaintiff suffered a comminuted intertrochanteric femur fracture. She underwent ORIF the following day and remained in the hospital for one week until she was transferred to an inpatient rehabilitation facility for six weeks. She also required in-home nursing care and outpatient physical and occupational therapy.

The plaintiff alleged that the hospital staff’s failure to perform an adequate fall risk assessment in the emergency room was a breach in the medical standard of care, and that doing so would have revealed that she was a fall risk and prompted the staff to provide her with a wheelchair or other assistive device, rather than allow her to walk to and from radiology on her own. Notwithstanding the alleged failure to perform an adequate fall risk assessment, the plaintiff alleged that the staff’s failure to provide her with a wheelchair or other assistive device was in itself a breach in the standard of care in light of the symptoms that brought her to the emergency room — worsening of bilateral lower extremity weakness. Had the staff taken either of these necessary precautions, it was alleged that the plaintiff would not have fallen and suffered traumatic and painful injuries.

The matter was resolved at mediation after the filing of the complaint but prior to service on the defendant.

Negligent medical providers must be held accountable

We understand that negligent medical providers must be held accountable for their actions (or inactions) to protect patients, uphold healthcare standards, and prevent future harm. When doctors, nurses, or hospitals fail to provide proper care — whether through misdiagnosis, surgical errors, medication mistakes, or other negligence — the consequences can be devastating. Holding them responsible through legal action ensures that victims and their families receive the justice and compensation they deserve. It also sends a clear message that substandard care will not be tolerated, encouraging better practices within the medical field. Accountability is essential for maintaining trust in the healthcare system and ensuring patient safety for all.

How Phelan Petty can help

At Phelan Petty, we are dedicated to holding negligent medical providers accountable and fighting for victims of medical malpractice. Our experienced attorneys work with top medical experts to thoroughly investigate each case, identify breaches in the standard of care, and build a strong legal claim. We handle all aspects of the legal process, from gathering evidence and negotiating with insurance companies to taking cases to trial when necessary. Our goal is to secure maximum compensation for medical expenses, lost wages, and pain and suffering while providing compassionate, personalized support to our clients.

If you believe a medical provider’s error led to avoidable complications, contact us for a free consultation.