Patient Fall Due to Nursing Negligence Medical Malpractice in Chicago

A patient fall in a Chicago hospital or nursing facility is not just an unfortunate accident. When a nurse fails to assess fall risk, ignores warning signs, or leaves a vulnerable patient without proper precautions, that fall can be the direct result of nursing negligence. Patients who trust Chicago-area hospitals and care facilities deserve nurses who follow the standard of care. When that standard is broken and a patient is hurt, Illinois law gives victims and their families the right to pursue a medical malpractice claim. If someone you love was injured in a preventable fall, a Chicago personal injury lawyer at Briskman Briskman & Greenberg can review your case and help you understand your options.

Table of Contents

• How Common Are Patient Falls Caused by Nursing Negligence?
• What Nursing Duties Exist to Prevent Patient Falls in Illinois?
• Proving Nursing Negligence in a Chicago Patient Fall Case
• Illinois Deadlines for Filing a Patient Fall Nursing Negligence Claim
• What Compensation Can You Recover in a Patient Fall Nursing Negligence Case?
• Why Choose Briskman Briskman & Greenberg for Your Patient Fall Case
• FAQs About Patient Fall Due to Nursing Negligence Medical Malpractice in Chicago

How Common Are Patient Falls Caused by Nursing Negligence?

Patient falls are the most common preventable adverse event within hospitals, and approximately 700,000 to 1 million patients fall in U.S. hospitals each year. Patient death or serious injury from a fall is considered a “never event,” yet preventing falls remains an ongoing challenge despite substantial research into risk factors and evidence-based prevention strategies.

Approximately half of the 1.6 million nursing home residents in the United States fall each year, and more than one-third of in-hospital falls result in injury, including serious injuries such as fractures and head trauma. These are not abstract numbers. Behind every statistic is a real patient, often elderly, who came to a hospital or care facility for help and left with a broken hip, a traumatic brain injury, or worse.

Among inpatient falls, incidence rates for severe injuries range up to 30%, and those severe fall-related injuries can include fractures, subdural hematomas, excessive bleeding, cranial trauma, loss of independence, or even death. Subdural hematomas and cranial trauma, for example, are the same catastrophic injuries seen in cases involving failure to diagnose brain hemorrhage, making the consequences of a preventable fall every bit as serious as a missed diagnosis.

The Joint Commission hospital standard directly related to fall prevention is Provision of Care, Treatment, and Services (PC) standard PC.01.02.08, which requires that hospitals assess and manage each patient’s risk for falls. When a nurse at a Chicago hospital or a nursing facility near the Loop, Lincoln Park, or Lakeview fails to follow this standard, patients pay the price. That failure can form the foundation of a nursing negligence claim.

What Nursing Duties Exist to Prevent Patient Falls in Illinois?

Nurses in Illinois hold a duty of care toward every patient in their charge. That duty is defined by the standard of care, meaning what a reasonably competent nurse would do under the same or similar circumstances. Failing to meet that standard, and causing injury as a result, is nursing negligence under Illinois law.

Joint Commission standards require ongoing efforts to assess risk for falls, intervene to reduce fall risk, provide staff education on fall prevention, and evaluate the effectiveness of the hospital’s fall prevention strategies, including fall risk assessment, interventions, and education. These requirements apply to hospitals throughout Illinois, including facilities in Chicago’s medical corridor along the Near North Side and in neighborhoods like Hyde Park and Streeterville.

Specific nursing duties in fall prevention include conducting a fall risk assessment on admission, reassessing risk whenever a patient’s condition changes, placing fall-risk alerts in the patient’s chart, using bed alarms and call lights, ensuring bed rails are raised for at-risk patients, and providing adequate supervision during transfers and ambulation. A nurse who skips a fall risk assessment or ignores a documented high-risk score is not meeting the standard of care.

Most falls occur in patient rooms, followed by procedure and examination rooms and bathrooms. Analysis of reported causes reveals that falls are primarily patient-related, but caregiver-related factors account for roughly one-third of cases. That caregiver-related third is where nursing negligence lives. A nurse who fails to answer a call light, leaves a high-risk patient unattended in the bathroom, or does not communicate fall risk during a shift change may bear direct responsibility for the resulting injury. Related failures, such as a failure to perform nursing assessments or a failure to monitor vital signs, often compound the risk leading up to a fall.

Proving Nursing Negligence in a Chicago Patient Fall Case

Proving nursing negligence in a patient fall case requires more than showing that a fall happened. Illinois law sets specific requirements that must be satisfied before a case can move forward.

Under the medical malpractice lawyer framework established by 735 ILCS 5/2-622, known as the Healing Art Malpractice Act, any plaintiff filing a medical malpractice complaint in Illinois must attach an affidavit stating that a qualified health professional has reviewed the case and determined there is a reasonable and meritorious basis for the claim. That reviewing professional must have practiced or taught in the relevant area of healthcare within the last six years and must provide a written report supporting the claim. This requirement exists to screen out frivolous cases, but it also means that building a strong case from the start is critical.

To succeed in a nursing negligence fall claim, a plaintiff must generally prove four elements: (1) the nurse owed a duty of care to the patient; (2) the nurse breached that duty by failing to meet the standard of care; (3) the breach directly caused the patient’s fall and resulting injuries; and (4) the patient suffered measurable damages. Medical records, nursing notes, shift change logs, fall risk assessments, and incident reports all become key evidence. Witness testimony from other nurses, treating physicians, and expert witnesses is often essential.

Under medical malpractice attorney guidance and Illinois law, specifically 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical expenses. A defendant whose share of fault is 25% or greater is also jointly and severally liable for all other damages. This matters when both a nurse and the employing hospital share responsibility for a fall, which is common in institutional negligence cases.

Illinois Deadlines for Filing a Patient Fall Nursing Negligence Claim

Time limits are strict in Illinois medical malpractice cases, and missing a deadline means losing the right to recover compensation entirely. Understanding these deadlines is one of the most important steps a family can take after a patient fall injury.

Under 735 ILCS 5/13-212(a), an Illinois medical malpractice action generally must be brought within two years after the claimant knew, or through reasonable diligence should have known, of the injury or death for which damages are sought. In most cases, the deadline is two years from when the patient knew or reasonably should have known of the injury and its connection to medical care, but there is a four-year outside limit from the act or omission.

That four-year period is called the statute of repose. Illinois imposes an absolute deadline: no medical malpractice action can be brought more than four years after the date on which the alleged act or omission occurred. After four years from the date of the malpractice, claims are barred regardless of when the injury was discovered.

For minors, 735 ILCS 5/13-212(b) allows more time: generally up to eight years after the act or omission, but not after the minor’s 22nd birthday. If a patient died as a result of a fall caused by nursing negligence, the Illinois Wrongful Death Act, 740 ILCS 180/1, allows surviving family members to bring a claim. Wrongful death claims arising from medical malpractice are also governed by the two-year discovery rule and the four-year statute of repose under 735 ILCS 5/13-212.

Do not wait to speak with an attorney. Evidence fades, nurses transfer to other facilities, and incident reports can be difficult to obtain after time passes. Families in Chicago, from the South Side to the North Shore, should act quickly to protect their rights after a preventable fall injury.

What Compensation Can You Recover in a Patient Fall Nursing Negligence Case?

A patient injured in a preventable fall due to nursing negligence may be entitled to significant compensation. Illinois law allows recovery for both economic and non-economic damages, and in wrongful death cases, the Illinois Wrongful Death Act, 740 ILCS 180/1, extends the right to recover to surviving family members when negligence caused a patient’s death.

Economic damages include past and future medical expenses, rehabilitation costs, long-term care, lost wages if the injured patient was working, and out-of-pocket costs related to the injury. A single fall resulting in a hip fracture, for example, can require surgery, inpatient rehab, and months of follow-up care. The CDC reports that the average hospital cost for a fall-related injury is $35,000, and that figure does not account for ongoing rehabilitation, home health aides, or lost income.

Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and the permanent impact of disabilities caused by the fall. For elderly patients who lose their independence after a fall, these damages can be substantial. An medical malpractice lawyer can help evaluate the full scope of your losses and build a claim that reflects the true cost of what happened.

Attorney fees in Illinois medical malpractice cases are governed by 735 ILCS 5/2-1114, which caps contingent fees for the plaintiff’s attorney at no more than 33 1/3% of all sums recovered. This means you pay no attorney fees unless your case results in a recovery. There are no upfront legal fees to pursue a claim. However, clients should discuss with their attorney whether they may be responsible for litigation costs and expenses, as those are separate from attorney fees and the specifics depend on the fee agreement.

If you or someone you love was hurt in a patient fall at a Chicago hospital, a nursing home near Millennium Park, or a care facility anywhere in the Chicago metropolitan area, contact Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. Our firm handles nursing negligence cases involving medical malpractice attorney claims throughout Illinois, and we are committed to fighting for the full compensation our clients deserve.

Why Choose Briskman Briskman & Greenberg for Your Patient Fall Case

Briskman Briskman & Greenberg is a Chicago personal injury and medical malpractice law firm located at 205 W Randolph St., Suite 925, Chicago, IL 60606, in the heart of the Loop, steps from the Richard J. Daley Center and the Cook County Circuit Court. The firm has represented injured patients and their families throughout Chicago and across Illinois for decades.

Patient fall cases involving nursing negligence require a thorough investigation. That means obtaining complete hospital records, nursing notes, fall risk assessments, incident reports, and staffing logs. It means working with qualified medical experts who can explain to a judge or jury exactly where the standard of care was broken. It means understanding how Illinois courts apply 735 ILCS 5/2-622, the certificate of merit requirement, and how to build a case that satisfies those procedural demands from day one.

The firm handles nursing negligence cases that go beyond falls, including cases involving failure to notify a physician of patient deterioration, failure to escalate care, and medication administration errors by nurses. Whether the negligence occurred at a major academic medical center on Chicago’s Near North Side or at a smaller facility in a neighborhood like Pilsen or Bridgeport, the legal standards are the same and so is our commitment to our clients.

Pursuing a medical malpractice lawyer claim is a serious undertaking, and the process takes time. But families who wait too long lose their rights entirely under Illinois law. Call Briskman Briskman & Greenberg at (312) 222-0010 today. The consultation is free, and there is no fee unless we recover compensation for you.

FAQs About Patient Fall Due to Nursing Negligence Medical Malpractice in Chicago

Is every hospital patient fall a case of nursing negligence?

Not every fall automatically means a nurse was negligent. Illinois law requires proof that a nurse breached the standard of care and that breach directly caused the fall and resulting injury. Some falls happen even when nurses follow every protocol correctly. The key question is whether the nurse did what a reasonably competent nurse would have done, including conducting a proper fall risk assessment, implementing appropriate precautions, and supervising high-risk patients. If those steps were skipped or ignored, negligence may exist. An attorney can review the medical records and nursing notes to determine whether the standard of care was met.

Can I sue the hospital if a nurse caused my fall?

Yes. In most cases, hospitals are legally responsible for the actions of nurses they employ under the legal doctrine of respondeat superior, which holds employers liable for the negligent acts of their employees performed within the scope of employment. Under 735 ILCS 5/2-1117, when multiple defendants share fault, they can be jointly and severally liable for medical expenses. This means you may be able to pursue both the individual nurse and the hospital as defendants in the same lawsuit. Hospitals have their own independent duty to maintain safe staffing levels and proper fall prevention programs, and a failure on either front can support a separate claim against the facility.

How long do I have to file a nursing negligence fall claim in Illinois?

Under 735 ILCS 5/13-212(a), you generally have two years from the date you knew or reasonably should have known that the fall was caused by nursing negligence. There is also an absolute four-year statute of repose measured from the date of the negligent act, regardless of when you discovered the connection to negligence. Missing either deadline will likely bar your claim entirely. If the injured patient is a minor, 735 ILCS 5/13-212(b) allows up to eight years, but no later than the patient’s 22nd birthday. Contact an attorney as soon as possible to protect your rights.

What evidence is most important in a nursing negligence fall case?

The most critical evidence includes the patient’s complete medical records, nursing notes from the shift when the fall occurred, fall risk assessment forms completed on admission and throughout the stay, incident reports filed by the facility after the fall, staffing logs showing how many nurses were on duty, and any photographs of the patient’s injuries. Witness statements from family members, other patients, or staff who observed the conditions at the time of the fall can also be valuable. The sooner an attorney is involved, the better the chance of preserving this evidence before it is altered, lost, or destroyed.

What if my loved one died after a fall caused by nursing negligence?

If a patient died as a result of injuries sustained in a fall caused by nursing negligence, surviving family members may have a claim under the Illinois Wrongful Death Act, 740 ILCS 180/1. This law allows the personal representative of the deceased’s estate to bring a lawsuit on behalf of surviving family members, including a spouse, children, or parents. Recoverable damages can include medical expenses incurred before death, funeral and burial costs, and compensation for the grief and loss suffered by surviving family members. Wrongful death claims arising from medical malpractice are still subject to the two-year and four-year deadlines under 735 ILCS 5/13-212, so acting quickly is essential.