No Hospital Liability for Fall Accidents? ... The Fight of Families with Disabled Victims

Fall

[Asia Economy Reporters Seongpil Jo, Seungyoon Song] In July last year, Mr. A (79), who was admitted to a nursing hospital in Suwon-si, Gyeonggi Province for shoulder rehabilitation, lost his balance and fell to the floor while trying to get up from his bed to go to the bathroom. It is said that he fell headfirst. Mr. A had to undergo surgery due to delayed cerebral hemorrhage. However, after the surgery, Mr. A reportedly showed symptoms of vomiting and had difficulty recognizing people. Ultimately, Mr. A was classified as having a first-degree disability. The victim’s family demanded compensation from the hospital for negligence at work. However, the hospital denied any responsibility for compensation. The conflict between the two sides over compensation has been ongoing for half a year. This is a common dispute case in medical institutions where physically vulnerable patients gather.

Victim’s Family: "Hospital’s Inadequate Response... Must Take Responsibility"

Mr. A’s family is preparing for a lawsuit. They claim, "The hospital did not respond properly after the accident." Despite clear external injuries such as swelling of Mr. A’s eyes after the accident, the hospital treated it lightly, which worsened his condition. The family said, "After discharge from the nursing hospital, a re-examination at a university hospital revealed blood accumulation in the brain," adding, "The blood had clotted, requiring multiple surgeries."

Although the family received an apology from the nursing hospital, they were told that the hospital bears no responsibility for compensation. The hospital shifted the responsibility to the caregiver, resulting in no compensation being received. The family explained, "Even when checking insurance, compensation is made according to the degree of fault, but the caregiver claims, ‘How can I take full responsibility?’ and is having difficulty with compensation."

Nursing Hospital: "Caregiver’s Negligence... We Responded Actively"

The nursing hospital stated that the accident was an unforeseen incident caused by the negligence of the patient and caregiver. A hospital official said, "We repeatedly warned about the risk of falls before, but Mr. A tried to go to the bathroom by himself without the caregiver’s help, which caused the accident," adding, "The caregiver is more responsible than the hospital." They also cited the admission agreement, which informed the patient in advance that ‘unpredictable accidents may occur,’ as the basis for this claim.

The hospital argued that it responded actively by requesting tests immediately after the accident. A hospital official stated, "No abnormalities were found in the medical records, and no unusual symptoms were observed during the hospitalization period," adding, "His condition improved, so he was discharged." They further added, "After discharge, we contacted the family and guided them about the caregiver liability insurance."

Seoul Central District Court / Photo by Moon Honam munonam@

Legal Community: "Hospital Should Also Be Held Responsible, But..."

The legal community views that it is appropriate to hold the hospital responsible for negligence as well. Since the accident was caused by the caregiver’s negligence, the hospital should bear responsibility as the employer. A lawyer in Seocho-dong said, "Even if the hospital notified about unforeseen accidents through a contract, it does not exempt them from responsibility," adding, "If it is recognized that the hospital failed to properly monitor the patient’s condition, the hospital will be liable as the employer who hired the caregiver."

However, the consensus in the legal community is that if the accident was unforeseeable or unavoidable, and if it is recognized that the hospital took the best possible measures to prevent falls, the responsibility may be limited. In fact, the Ulsan District Court recently dismissed all claims from the victim in a similar damages lawsuit. At that time, the court ruled, "It is difficult to recognize an obligation for the hospital to take protective measures against accidents caused by the patient’s unusual behavior."

This content was produced with the assistance of AI translation services.