Patient Falls in Hospital Lawsuit in New York

Yes. If hospital staff failed to take reasonable precautions — such as using bed rails, answering call lights promptly, or noting fall-risk status in your chart — the hospital may be liable for negligence under New York law. Both the hospital as an institution and individual staff members can be named as defendants.

You must show that the hospital owed you a duty of care, that staff breached that duty (e.g., ignored a documented fall risk or left you unattended), and that the breach directly caused your injuries and damages. Medical records, nursing notes, and incident reports are critical evidence in these cases.

Under CPLR §214, you generally have three years from the date of the fall to file a personal injury lawsuit in New York. If the claim is framed as medical malpractice rather than general negligence, a 2.5-year limit under CPLR §214-a may apply instead — so consulting an attorney quickly is essential.

Recoverable damages may include past and future medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. New York follows a pure comparative fault rule, so any compensation is reduced by your percentage of fault, but you can still recover even if partially responsible.