Can Family Sue a Hospital for a Fall in New York?

Hospital falls in New York can give rise to two types of claims: premises liability and medical malpractice. If the fall resulted from a hazardous floor, poor lighting, or a wet surface that the hospital failed to fix, it is typically treated as a premises liability case. If the fall occurred because hospital staff failed to follow a fall-prevention protocol or ignored a patient's known fall risk, it may be pursued as medical malpractice under New York law.

For a premises liability claim, the family must show the hospital knew or should have known about a dangerous condition and failed to correct it. For a medical malpractice claim, the family must prove the hospital staff deviated from the accepted standard of care — for example, by failing to use bed rails, leaving a fall-risk patient unattended, or not documenting a patient's fall history. Expert medical testimony is typically required in malpractice cases in New York.

The statute of limitations depends on the legal theory. Premises liability falls under CPLR §214, giving families three years from the date of the fall to file suit. Medical malpractice claims must be filed within two years and six months under CPLR §214-a. If the injured person died from the fall, a wrongful death claim must be brought within two years of death under EPTL §5-4.1. Missing these deadlines can permanently bar recovery, so consulting an attorney immediately is critical.

Yes. If a hospital patient dies as a result of a fall caused by negligence or malpractice, the family may bring a wrongful death claim under New York’s Estates, Powers and Trusts Law (EPTL §5-4.1). Recoverable damages can include medical expenses incurred before death, funeral and burial costs, and the economic value of the support the deceased would have provided. A surviving family member or estate representative must bring the claim within two years of the date of death.