Young Man Suing Wheeling Hospital for Fall in X-Ray
A young man is suing Wheeling Hospital for injuries he claims he incurred when left unsupported in an X-ray machine. Brandon Frey was initially injured in April of 2013 while playing basketball at his high school, when he hit his head on a wall, then on the ground when he fell. Two days later, he visited his pediatrician at the Ohio County hospital with a serious headache, jaw pain, and other symptoms of a concussion including dizziness, nausea, and sensitivity to light. When Frey was diagnosed with a serious concussion and a strain of his cervical spine, he was admitted to the hospital for observation and tests. The young man was transported by wheelchair to the x-ray department in order to image his spine. Frey was allowed to stand without support or assistance while the technician took an x-ray of his cervical spine. Frey alleges that, during the x-ray, he collapsed, hitting his jaw on the hospital floor. He was treated for a fractured jaw, cracked teeth, a severe concussion, and cuts along his chin and in his tongue. Frey claims in his lawsuit that the hospital and its staff were negligent in caring for him when they left him to remain unattended and unsupported in the x-ray.
While standards of care for premises liability might not normally lead to liability for someone fainting or collapsing unexpectedly, nurses and doctors have a responsibility to exercise greater caution based on what they know of their patients’ conditions. Where medical professionals believe that a patient is relatively healthy, or are not aware of any condition being experienced by the patient that would lead to the patient falling unexpectedly, then it may be that the medical caregivers do not have an expanded duty to take precautions against a patient falling from a standing position. However, where personnel are aware of a patient’s condition that could result in fainting—such as a patient complaining of dizziness and diagnosed with a serious concussion—then staff have a duty to take reasonable steps to ensure that the patient is not hurt by a fall, such as by using restraints to hold the patient upright.
If you have been hurt from a slip-and-fall or during a medical procedure, act fast in consulting with legal professionals to ensure that no evidence is lost, and that you are fully compensated for any injuries. Contact the Bayless Law Firm for a free consultation on your claim.