You likely have medical malpractice claim against the hospital.
For the medical malpractice claim, you have to prove that the hospital fell below the applicable standard of care while treating you. The "standard of care" is considered the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise. If a person's actions do not meet this standard of care, then his/her acts fail to meet the duty of care which all people (supposedly) have toward others. Failure to meet the standard is negligence, and any damages resulting therefrom may be claimed in a lawsuit by the injured party.
In your case, an expert would have to testify on your behalf that a reasonably purdent hospital employee/nurse would have taken precautions to ensure a patient in your condition did not fall from the bed - like putting up the rails or other available restraints.
Based on what you've described, I think you've got a good argument as to this.
You should keep good records of any medical bills and any costs associated with your injury such as inability to work, long term medical problems, etc.
Talk to an attorney this week. The statue of limitations against hospitals is relatively short - 6 to 12 months. If you wait too long, your claim could be barred.
__________________
The information given is for research use only & you are paying me only for such information. This is not legal advice & there is no formation of an attorney-client relationship. You are advised to speak with legal counsel for accurate information.
