Personal Injury Primer

Personal Injury Primer
  • 0.0 (0)
  • Society & Culture
  • Updated Weekly

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Episodes

  1. 2d ago

    Ep 380 Service Dog Bites Child

    Service Dog Bites Child https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-380-Service-Dog-Bites-Child.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question is prompted by a woman who called and said a service dog attacked and severely bit her young child when she and the child were at a restaurant. She was calling to find out her legal options. Animals are not always predictable. To properly analyze the caller’s situation, we will need to know more about the dog, the child, the dog’s owner, and the restaurant. Was the dog a trained and certified service dog? If so, did it break protocol with its training? In other words, was it trained not to react with a bite even if provoked? Improper training may lead to a lawsuit against the dog trainer. Additionally, we would like to know if the dog was indeed specially trained and a genuine service dog. In other words, was it a seeing-eye dog? Or was it a so-called comfort dog designed to help relieve anxiety? What was the dog’s breed and size? Was the dog on a leash? Was the dog muzzled? It will also be important to credibly determine what the child was doing at the time of the bite. Was the child provoking the dog in some way? Such as screaming at the dog, or touching the dog, or hitting the dog? Or did the child touch or strike the dog’s owner, causing the dog to feel protective? Was the parent monitoring the child? Another essential factor would be to learn more about the dog’s owner. Could the dog’s owner have prevented the dog from biting? Was the dog providing services that a medical practitioner prescribed? Or did the owner try to pass off an untrained dog as a service dog? If the dog was not a genuine service dog, the owner committed fraud against the restaurant and its staff. Did the owner know that the dog might bite, given its history? The law tends to grant leniency to an owner who is unaware of any violent tendencies in an animal. However, if the animal has bitten before or otherwise exhibited violent tendencies, the law is likely to be less lenient towards the owner. Another factor is going to be the type of restaurant involved. Did the incident occur in an outdoor setting, such as a patio or garden? Or did the incident occur inside a building? Did the restaurant try to prevent the dog from entering? Did the restaurant place the dog and its owner near the child? Did the restaurant observe behavior with the dog that would have suggested a propensity to bite before it bit the child? Should the restaurant have ejected the dog and its owner before the bite could occur? Did anybody take steps to try to prevent a foreseeable attack by the dog? Depending on the answer to these questions, when an investigation of the incident is complete, it may be reasonable for the caller and her child to sue several potentially responsible parties. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 380 Service Dog Bites Child first appeared on Personal Injury Primer.

  2. Aug 26

    Ep 379 Bicyclist Hit Crossing Street

    Bicyclist Hit Crossing Street https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-379-Bicyclist-Hit-Crossing-Street.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a woman who called saying that her bicycling husband was struck by a car when he crossed a street while riding on a bike trail. She wanted to know their legal rights. If a car strikes a bicyclist while he crosses a street from a bike trail in Indiana, the injured cyclist may be able to sue for compensation. But it will depend on the circumstances of the crash. In Indiana, drivers must exercise caution to avoid hitting pedestrians and cyclists. However, cyclists also have responsibilities. A bicyclist must obey traffic laws and exercise reasonable care in operating the bicycle. Just the other day, I encountered a cyclist NOT following the rules of the road. I was driving a car on a divided four-lane highway going eastbound, and the bicyclist was in the inside eastbound lane pedaling westbound.  I was surprised nobody struck him. Liability in each case will depend on who was at fault for the crash. If the car driver was distracted or impaired, they may be held fully responsible. If the cyclist was violating traffic laws (such as crossing against a red light or without signaling) or operating their bicycle in a manner similar to the man I just described, their actions may result in a jury finding them to be at fault. Where the car driver’s negligence contributed to causing the accident, the cyclist may be successful in filing a personal injury claim and seeking compensation for their injuries and damages. Damage may include tangible losses, such as medical bills, lost income, and property damage. Damages may also include compensation for pain and suffering, as well as emotional distress. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 379 Bicyclist Hit Crossing Street first appeared on Personal Injury Primer.

  3. Aug 19

    Ep 378 Injury Caused by Unstable Store Display

    Injury Caused by Unstable Store Display https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-378-Injury-Caused-by-Unstable-Store-Display.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s episode is prompted by a report a couple of months ago that a California woman sued a big box store for millions of dollars, alleging that a heavy liquor cabinet display fell on her, causing multiple injuries, including a traumatic brain injury. These types of display-related injuries are more common than you might think. We are currently pursuing a case for a client where a display item in a general store fell from a top shelf while a stocker was shelving bottles of detergent in an aisle adjacent to where our client was shopping with her child.  The injuries include a severe shoulder injury and a concussion (a type of traumatic brain injury). Recent cases that we have concluded have included similar display items falling on customers. Like the case in the news, one case involved a box of champagne falling on our client’s shoulder and neck. Another case that comes to mind involved a roll of carpet that was stood upright against a wall that fell and struck our client, breaking her arm. Several years ago, a small child lost an eye when a store display near a checkout counter at a grocery store toppled over. The display was not well secured, and store employees had recognized that it was wobbly and dangerous. However, the store manager instructed the employees to do nothing to better secure the display despite its hazardous condition. As a result, a young boy lost vision in one of his eyes. Such an injury will impact his future earning ability as well as his ability to participate in sports and interfere with his usual daily activities for the rest of his life. The lawsuit, reported a couple of months ago, involved a wholesaler that was accused of negligence, premises liability, and product liability. No matter the legal label is applied, cases such as these all involve negligently failing to manage the store where the injuries occurred, and often involve a failure to train employees properly. In each case of this type, the injured parties typically seek damages to cover past and future medical expenses, lost earnings, as well as emotional distress, and pain and suffering. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 378 Injury Caused by Unstable Store Display first appeared on Personal Injury Primer.

  4. Aug 12

    Ep 377 Malpractice Re Cancer Treatment

    Malpractice Re Cancer Treatment https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-377-Malpractice-Re-Cancer-Treatment.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller who said, “My 85-year-old mom died in a nursing home after her cancer got worse. Do I have a malpractice case against her oncologist, who just two weeks before said the cancer had not spread? It’s understandable to feel grief and want answers regarding the passing of a loved one. While dealing with a family member’s cancer death can be difficult, bringing a successful medical malpractice case against her oncologist would require demonstrating negligence, or what lawyers and doctors call substandard medical care. To succeed with a medical malpractice case based on the caller’s mother’s cancer death, there would need to be compelling evidence of the following: Doctor-Patient Relationship: Evidence that there was an ongoing and active professional relationship between the caller’s mother and the oncologist. Breach of Standard of Care: Credible medical expert proof that the oncologist failed to provide the same level of care that another competent oncologist, with similar training and experience, would have provided under similar circumstances. This might involve failing to order diagnostic tests based on symptoms and medical history, improperly interpreting test results, ignoring symptoms that suggested a worsening of the cancer, or failing to refer the patient to a more skilled specialist when information indicated the need to do so. Causation: Does credible evidence from medical experts, for example, establish that the oncologist’s negligence directly caused harm or injury that substantially negatively impacted the patient’s outcome, potentially leading to a lost opportunity for more aggressive treatment, which would have had a significant impact on survival? Damages: Did the deceased suffer physical pain, emotional distress, or medical expenses as a result of a delayed diagnosis or misdiagnosis? This could require more expert medical proof that the patient’s death was a direct result of the diagnosis mistake, or that the diagnosis mistake allowed the cancer to worsen substantially, leading to a demonstrable and significant reduced chance of successful treatment or survival, all of which contributed to the death. Cancer is a complex disease, and sometimes even with the best care, the outcome is not favorable. Proving causation can be challenging. Defense lawyers likely will argue that the patient’s death was due to the natural progression of the cancer, not due to any negligence. Obtaining a medical expert to review the patient’s medical records and determine if the oncologist’s actions fell below the standard of care, as well as to assess what, if any, damages can be causally linked to the oncologist’s care, would be the best next step for someone in the caller’s position. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 377 Malpractice Re Cancer Treatment first appeared on Personal Injury Primer.

  5. Aug 5

    Ep 376 Your Medical Provider Was Rude and Disrespectful

    Your Medical Provider Was Rude and Disrespectful https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-376-Your-Medical-Provider-Was-Rude-and-Disrespectful.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from an agitated caller who reported that the nurses, doctors, and staff at the local emergency room were rude and disrespectful to her. She wanted to know if she could file a lawsuit. The short answer is yes. But SHOULD she sue? Or, a better question, would the result of filing a lawsuit be something she would label as a success? A person may be able to establish a case for medical malpractice if a medical provider provides substandard service. Still, it will depend on whether the service constitutes a breach of the standard of care expected from a competent healthcare professional. Moreover, bad service alone is not enough; it must be demonstrated that the provider’s actions or inactions directly contributed to an injury or harm that would not have occurred otherwise. In other words, if the caller left the ER and went to another hospital and received good care, what would be the proof of harm? Let’s assume that the caller hires a retired physician. And, imagine also that after she pays them thousands of dollars, the physician concludes that the emergency room staff breached the duty of care owed to her by delivering her care that falls below the standard of care. The analysis of whether or not to sue will not end there. The caller will need to prove that she suffered damages as a result of an injury or harm. Damages can include, among other items, physical pain and injury, mental anguish, additional medical bills, and lost earnings. If all that happened to the caller was that they were disrespected or had to wait hours to get service, the caller’s best bet might be to file a complaint with the hospital or the state licensing agency. Consulting with an experienced attorney is highly recommended to navigate the complexities of medical malpractice cases and to ensure that your rights are protected. And, to ensure that time and money are not wasted spinning your wheels over something that a juror would ultimately consider trivial and not worth being called to jury duty. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 376 Your Medical Provider Was Rude and Disrespectful first appeared on Personal Injury Primer.

  6. Jul 29

    Ep 375 Car Catches Fire

    Car Catches Fire https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-375-Car-Catches-Fire.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller concerned about his car catching fire and being destroyed. He pulled over, got out, and was not hurt, but he wanted to know his legal options. Depending on the cause of the car catching on fire and resulting damages, there may be several parties that could be sued. If the fire was caused by a design or manufacturing defect in the vehicle, the manufacturer could possibly be held liable under product liability laws. A design or manufacturing defect would include issues such as a wiring short, a battery defect, a fuel system leak, or another engine-related problem. Proving a defect and its connection to the fire will be challenging, not least because the car was likely destroyed in the fire. An expert would need to employ credentialed forensic analysis to piece together what happened in a manner that a court would find credible. If a fire department puts out the fire, it may have investigated the cause of the fire, and may also prove to be an essential source of information to establish the cause. If the fire was caused by negligence on the part of a mechanic who performed repairs or maintenance on the vehicle, the mechanic may be liable for negligence. A mechanic’s work might come into play if parts were installed incorrectly, or wiring was left loose, or the mechanic otherwise failed to address an issue they were hired to address. If the fire was caused by a car accident where another driver was at fault, they could be liable for damages, including the fire damage, injuries, and property damage. If a fire were intentionally set, the parties responsible for setting the fire could be held liable for the resulting damage. In some situations, if a fire originating on a property spreads due to negligence and subsequently engulfs a car, the party responsible for starting the fire, or a party who negligently failed to provide fire suppression equipment, may be sued for damages. One example that comes to mind is a renter of an apartment whose car caught fire when parked at the apartment building. Because the building owner failed to install and maintain fire suppression systems as required by law, we were able to sue that party successfully. In another case, we recovered damages for a client when a property manager allowed gasoline to be stored in a garage rented to a tenant, and the gas was stored in a way that caused a fire. If the owner of the car that caught fire had car insurance with comprehensive coverage, that policy would likely apply to cover the costs of repairing or replacing the vehicle in the event of a fire. In most situations, insurance may be the most viable option for recovering the losses sustained in the vehicle fire. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 375 Car Catches Fire first appeared on Personal Injury Primer.

  7. Jul 22

    Ep 374 They Found Mold in My Apartment

    They Found Mold in My Apartment https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-374-They-Found-Mold-in-My-Apartment.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller concerned about the discovery of mold in her apartment. She said she has been feeling sick and seeing doctors for several months, and she wanted to know her legal rights. It is important to note that humanity has been dealing with mold for thousands of years. The Bible mentions mold in several passages, primarily in Leviticus 14, where it discusses the procedures for dealing with mold in houses. But what does Indiana law say about suing a landlord when mold is discovered? Under Indiana law, to prove a negligence case, a person has to establish three things: 1) a defendant owed him or her a duty of care, 2) said duty was breached, and 3) the person was injured as a result of the defendant’s breach of duty. The first element of duty is controlled by statute in Indiana. The Indiana legislature has enacted a statute that requires landlords to furnish tenants with safe premises. A landlord is required to deliver a rental premises to a tenant that is safe, clean, and in a habitable condition. A court could reasonably hold that providing an apartment free from toxic mold is part of the requirement for landlords to maintain a safe, clean, and habitable condition. But our analysis doesn’t end there. A tenant must prove that the landlord breached its duty to provide a safe, clean, and habitable apartment. An Indiana statute provides that a tenant may not sue in most situations unless the tenant first gives the landlord notice of the landlord’s noncompliance with its obligations under a lease, and that the landlord be given a reasonable amount of time to remedy the condition described in the tenant’s notice. Moreover, the tenant may not prevent the landlord from accessing the rental premises to make repairs. In short, it may be challenging to proceed with a case unless the landlord fails or refuses to remedy the condition described in a tenant’s notice. If the tenant fails to provide the required notice, it may still be possible to hold the landlord liable if it can be shown that the landlord was aware of the mold in the apartment but did not disclose that information. This may not be easy to establish again. Lastly, let’s examine the third element that someone suing would need to prove — that they were injured because the landlord failed to provide a safe, clean, and habitable apartment. This would require evidence from a medical doctor stating what the mold exposure caused and the precise medical conditions identified in a lawsuit. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 374 They Found Mold in My Apartment first appeared on Personal Injury Primer.

  8. Jul 15

    Ep 373 Coverage Cancelled for Failure to Cooperate

    Coverage Cancelled for Failure to Cooperate https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-373-Coverage-Cancelled-for-Failure-to-Cooperate.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller concerned about the other driver’s possible lack of insurance coverage. The caller said that the driver who hit her was entirely at fault and gave the police insurance information, but now that other driver’s insurance company claims there is no coverage and asserts that that other driver failed to cooperate with it. The woman wants to know what her rights are. Unfortunately, this scenario is becoming increasingly common, especially among insurance carriers that fail to adhere to fair claims settlement practices. Every insurance carrier will have a provision in its auto insurance policy that compels the insured driver to cooperate with the insurance carrier. But what does the term ‘cooperate’ mean? Suppose a driver who causes a crash immediately reaches out to his insurance carrier, but reaches a voicemail system. Or worse yet, what if he is compelled to speak with an artificial intelligence agent? The driver indeed attempted to contact his insurance carrier; however, because the company had barricaded itself behind a technology wall, it interfered with the driver’s ability to report the crash to a human and proceed to cooperate with the company to explain what had happened. Suppose the driver leaves his phone number and explains in a voicemail message what happened, asking to be called back. Now, suppose the insurance carrier tries to call back, but because the insured driver’s phone is not set up to receive voicemail, the insurance carrier can’t leave a message. Additionally, since the phone is set to block unknown callers, no call actually gets through. What happens if the insurance carrier says that its insured failed to cooperate and cancels the policy? The short answer is that coverage could be in jeopardy, despite the insured acting reasonably. We’ve seen this happen many times: an insurance carrier will claim a lack of cooperation when, in fact, the insurance carrier has precipitated the communication problem. The insurance carrier will claim that it needs to be informed about the crash and investigate, obtaining a recorded statement from its insured. But if an unscrupulous insurance carrier is the one that makes communication difficult, and does so precisely so that it can deny coverage, doesn’t that rise to the level of bad faith? Some courts have answered yes, while others have responded no. Frequently, we have found that even in cases where an insurance carrier sends a letter claiming it cannot provide coverage to a defendant driver due to a lack of cooperation, if we proceed with filing a lawsuit against that driver, the insurance companies will change their position. Why? Because a lawsuit requires the defendant driver to provide the lawsuit papers to the insurance carrier, it presents another avenue of cooperation. Now the insurance company has the lawsuit papers in its possession. It can’t just claim that a failed game of phone tag permits it to escape liability. Now it has papers in its hand and no court is going to be inclined to excuse it from following its policy requirements to defend its insured. To the caller, we would advise that she proceed to hire an attorney and file a lawsuit. To the driver whose insurance carrier is trying to assert a lack of cooperation, we advise reporting the crash in writing, by mail or fax, or via email, if the driver encounters voicemail hell or an artificial intelligence agent when calling in to report the crash. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 373 Coverage Cancelled for Failure to Cooperate first appeared on Personal Injury Primer.

  9. Jul 8

    Ep 372 Truck Crash Victims May Have Several Parties to Sue

    Truck Crash Victims May Have Several Parties to Sue https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-372-Truck-Crash-Victims-May-Have-Several-Parties-to-Sue.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller who said she and her family were all hurt seriously when a semi-tractor-trailer ran them off the road after she could see that the load on the flatbed trailer shifted and the driver lost control. She wanted to know if they were limited to suing just the truck driver. Federal Motor Carrier Safety Regulations apply to commercial truck drivers and motor carriers. Motor carriers are legally responsible for the acts or omissions of their drivers while they are on the roadway. Commercial motor vehicles operated by motor carriers must have a minimum of $1 million insurance coverage. But that level of insurance can be inadequate in many serious injury situations. So the caller’s question is reasonable given that multiple family members suffered serious injuries. What other parties might be sued in the caller’s situation? Often, a truck driver may be deemed to be an agent of more than one motor carrier. For example, if Motor Carrier A routes a shipment to Motor Carrier B because A does not want to ship to a specific state, both carriers may be legally liable for a driver’s negligence. A good way to determine if more than one motor carrier is involved in a shipment is to obtain a copy of the Bill of Lading. In the caller’s situation, there is evidence that the load may not have been adequately secured to the trailer.  Where a shipper fails to secure a load properly, the shipper may be liable. For example, if the shipper loads a steel coil onto a trailer and fails to secure it properly, and the load shifts, causing a crash, the shipper and any party the shipper hired to load the trailer may be liable for negligence in securing the load. Keep in mind that many motor carriers have no involvement in loading a trailer; they simply attach a tractor to it and begin transporting. When a shipper fails to comply with regulations and mandatory safety standards regarding securing a load, they may be held liable for harm resulting from the load breaking loose and causing a collision. A motor carrier must maintain a file that documents a driver’s qualifications. This file must contain the following materials: a written application, a three-year driving history, proof that references were contacted, medical qualification information, results of drug and alcohol screening, proof of driving competency, and documentation that the driver can read and speak English. Sometimes, a motor carrier will hire a consultant to conduct driver screenings. If a screening consultant negligently evaluates a driver, the consultant may be held legally responsible for the crash. Lastly, the Federal Motor Carrier Safety Regulations define a motor carrier employee as any individual who directly affects the safety of a commercial motor vehicle, including mechanics working on the tractors and trailers. Thus, if the driver reports that the brakes failed, the mechanic’s work may be implicated as a cause of the crash. If a mechanic makes an error that results in a collision, both the mechanic and the company that hires them may also be held legally liable for the crash. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 372 Truck Crash Victims May Have Several Parties to Sue first appeared on Personal Injury Primer.

  10. Jul 1

    Ep 371 Patient Fractures Hip When Falls Out of Bed

    Patient Fractures Hip When Falling Out of Bed https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-371-Patient-Fractures-Hip-When-Falls-Out-of-Bed.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we explain the law in simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller who wanted to sue a hospital that permitted her husband, a patient at the facility, to fall out of bed and fracture his hip. She wanted to know if such care rose to the level of medical malpractice. In general, a hospital owes a duty of care to its patients, and in most situations, keeping the patient secured in bed would qualify as medical care. However, if her husband were not a patient but was visiting a patient and fell while napping on a cot provided by the hospital for family members, the question of legal responsibility would involve legal principles applying to premises liability, not medical care. Here, since the caller’s husband was a patient, the hospital acted professionally as a medical service provider. However, Indiana court decisions have held that a claim involving a patient falling from a bed due to a defective rail constituted ordinary negligence, as it did not involve a breach of a duty integral to medical treatment. Upon further questioning, the wife said that her husband was coming out of sedation for a procedure. One of the staff members admitted that the bed rail should have been secured in the up position but was in the down position due to an oversight.  The husband rolled over in bed and fell to the floor without waking up from the sedation. Under Indiana law, hospitals owe a duty of reasonable care to their patients. They may be held liable for the negligent acts of their employees performed within the scope of their employment. A hospital may also breach its duty of care if its employees fail to recognize and report abnormalities in a patient’s condition, resulting in injury. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 371 Patient Fractures Hip When Falls Out of Bed first appeared on Personal Injury Primer.

  • 10 Episodes

About

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Information

You Might Also Like