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When a fall injury was a result of medical malpractice, or negligence of a hospital or nursing home, taking legal action can help others as well as the patient and their family. Financial penalties and other legal sanctions can help promote improvements in procedures that may prevent future falls. At the same time, compensation can provide the patient with needed medical treatments, increased levels of needed care and acknowledgement of emotional pain.


The Centers for Medicare & Medicaid Services, part of the Department of Health and Human Services (HHS), a federal agency, has classified death associated with a fall as a “never event” for institutions caring for patients receiving Medicare or Medicaid. In other words, such an event should never happen because falls are preventable. Naturally, after a fall, an injured person and/or family members want to know, first of all, “Why did this happen?”


Falls in hospitals and nursing homes happen for reasons ranging from overmedication to understaffing. Some reasons, such as medication errors, may amount to medical malpractice. Others may be classified as general negligence. Either way, a legal claim or lawsuit may bring relief.

The first step in an investigation will be to explore the facts and related background information about:

  • The person who fell, including known fall risks
  • The nature of the injuries caused by a fall and their costs
  • The actions or inaction of medical professionals who were prescribing or administering care
  • The care facility’s protocols and practices, both in general and with regard to the injured person
  • The organization’s response to the fall

Reconstruction of the factors leading to the fall can help determine who is liable to compensate the injured person or their family. This is a job for an experienced lawyer, in collaboration with others who can provide relevant information.


Davis & Davis, Attorneys at Law, is a valuable resource for you and your family after a fall in a hospital or nursing home. We are one of the few law firms in Texas that still take on challenging cases involving medical malpractice and nursing home negligence. We encourage you to work with one of our attorneys to explore your potential injury claim or lawsuit, or wrongful death claim. We know the laws and can get your case off the ground quickly.


All cases at our Houston firm involving falls in hospitals or nursing homes begin with a free consultation. Attorneys’ fees are not due until and unless we recover compensation for you through negotiations, mediation, arbitration or litigation. To schedule a free consultation, call 877-202-0835 or email us through this website.