Over time, I've written about the Minnesota Department of Heath's report concerning self reported "adverse events". They are defined as medical occurrences that should never happen and ranked as to the severity of their consequences.
Max DeVries was sedated and awaiting a routine surgery when he rolled off the operating table and hit his head, where doctors had earlier removed part of his skull because of brain swelling following a stroke.
The person who fell died instead of leaving the hospital three days later as expected.
As a medical malpractice case in Minnesota, there will need to be an expert affidavit, which will explain the malpractice. However, it should be clear that this is the type of incident that just shouldn't happen. The straps and rails are on these beds for a reason. For each patient, these questions of protection should be reviewed in the same way any of the medical procedure safety precautions are followed.
Other members here at the Legal Examiner have discussed hospital safety issues worth reviewing:
Does More Sleep Mean Better, Safer Care? Accreditation Council Seeks to End 24 Hour Shifts, Mark Bello | July 22, 2010 6:16 PM
If you or a family member is injured by medical malpractice, it's important that you seek the advice of knowledgeable attorneys who can answer your questions and make sure your rights are protected.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.