Call us Today at (954) 458-8655

Complaint Slip and Fall – Hospital negligent after patient fell following surgery

Home – Slip and Fall – Pleadings Main Index – Complaint Hospital Patient Fell

Complaint- Hospital Negligent – Patient Fell

IN THE CIRCUIT COURT OF THE
11th JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA   

CASE NO. xx-xxxx-xx

MILTON F.,
 Plaintiff,

vs.

MIAMI BEACH HEALTHCARE GROUP,
LTD d/b/a AVENTURA HOSPITAL AND
MEDICAL CENTER,
 Defendant.
_________________________________/

COMPLAINT
                
The Plaintiff, MILTON F., sues the Defendant, MIAMI BEACH HEALTHCARE GROUP, LTD d/b/a AVENTURA HOSPITAL AND MEDICAL CENTER (“AVENTURA”)  and alleges:

1.     This is a claim for damages in excess of $15,000.00, exclusive of attorney’s fees and costs.

2.    Defendant, AVENTURA, is a corporation doing business as Aventura Hospital and Medical Center in Miami-Dade County and is sui juris in all respects.

3.    Plaintiff was admitted to Defendant hospital on or about [date] for surgical treatment for lung cancer.  

4.    Said surgery was successfully completed and the patient remained an in-patient at said hospital for recuperation.

5.    While at said hospital patient manifested numerous signs or symptoms making him a “high risk patient” for falling.

6.    Defendant, AVENTURA, through its employees, were on notice of Plaintiff’s risk for falling and Defendant’s employees and nurses owed a duty of care to Plaintiff to prevent such incident to properly administer and record observations about the patient including medications consumed, to properly assess the patient and to protect the patient from harm.  

7.    Despite Plaintiff’s known risk for falling, Plaintiff was assisted by Defendant nurses out of his bed, placed in a chair and left alone, while not in a cogent state of mind.  

8.    Foreseeably, Plaintiff fell from the chair suffering a fractured hip and other damages.

9.    Defendant violated its own protocols applicable to such patients as well as having fallen below prevailing professional standard of care for such patients as to, inter alia, record keeping, medication administration, patient assessment, physician and other nurse communications and prevention of fall risks.  

10.    The aforedescribed negligence proximately caused the following damages to Plaintiff:

    a.  permanent bodily injury and disfigurement;

    b.  pain, suffering and loss of enjoyment of life;

    c.  medical, surgical hospital, rehabilitative and other health care related expenses;

    d. aggravation of pre-existing conditions; all experienced in the past and to be experienced in the future including permanent injury and disability.

11.    All conditions precedent to the bringing of this claim have been fully performed including but not limited to notice and pre-suit screening.  

WHEREFORE Plaintiff, MILTON F., demands judgment, costs and trial by jury and any other relief this court deems just and proper.

LAW OFFICE OF ALAN D. SACKRIN
Slip and Fall Attorney
Attorney for Plaintiff
2100 East Hallandale Beach Blvd.
Suite 200
Hallandale Beach, FL 33009
Telephone: (954) 455-0800
Facsimile: (954) 455-9649
www.Hallandalelaw.com

By: _________________________
ALAN D. SACKRIN
Florida Bar No. 349070

This is a sample lawsuit related to a specific set of facts and circumstances and should not be used or relied upon if you have been in a slip and fall accident.  We recommend and urge you to consult with an experienced slip and fall lawyer for professional advice as each case is unique.

 

Quick Slip And Fall Facts:

Slip and falls are the second leading cause of injuries and deaths after car accidents. Every hour an older adult dies as a result of a fall. The most common injuries resulting from slip and falls include, herniated disc, head injury and/or a knee injury. Learn more from Alan Sackrin, an expert slip and fall lawyer.

 

Want to Know More?

Since 1982, Alan Sackrin has represented clients throughout Florida in recovering monetary damages for slip & fall, trip & fall, and other premises liability injuries. Alan is a Board Certified Civil Trial Expert that strives to maximize the amount of compensation his clients’ receive for their claim.  Alan brings a high-level of skill and knowledge to his slip and fall cases and he offers a free initial consultation.

See: Sample Case Verdicts and Settlements 

Related Slip and Fall Topics

Please feel free to read our other slip and fall (trip and fall) related articles and fact sheets, including:

 

Do You Have a Question?

Please fill out the “Talk With An Attorney” form above to ask a question or you can call Alan Sackrin at 954-458-8655.  He promises to get back to you promptly.  Ask now.

Learn More: See Our Slip and Fall Resource Page