In 2017, a man tried to end his life by taking medications. But he changed his mind and called 9-1-1. When he got to the hospital, he was conscious and walked to the gurney.

Later, he woke up in pain. X-rays showed both of his hips had been broken. He sued the hospital, claiming they were negligent. The hospital denied causing the fractures and claimed there was no direct evidence the hospital was negligent.

The trial court agreed with the hospital, but now an appeals court says the patient can rely on a legal concept called “res ipsa loquitor,” which means “the thing speaks for itself.”  Applying the principle here means that, since the hospital had control of the unconscious patient during the procedure, and that is obviously when the hips were broken, the jury would be entitled to infer that the hospital was at fault.   In other words, even without any direct proof of what the hospital did to break the hips, the patient can present his case and the jury may find the hospital at fault.   There was also evidence that the hospital failed to investigate the incident when it learned of the broken hips after surgery.  This too helps support a presumption of fault.

It’s a complicated situation, but the patient’s fight for justice continues. If you need medical malpractice assistance, call us today.