Visitor Question

Injured by Malfunctioning Door at the Hospital…

Submitted By: Anonymous (USA)

I was leaving the hospital through the automatic sliding door. It malfunctioned and flew off the hinges and hit me in the head, knocking me unconscious and causing a severe concussion that has now developed into post concussion syndrome (PCS).

I’ve lost wages and incurred medical bills and prescription costs (no health insurance). The PCS can last for weeks or months and I will lose my job because of this (as well as suffering all the PCS symptoms).

The hospital did an incident report and stated the door malfunctioned and I did nothing wrong. Is the hospital liable, or perhaps the door manufacturer? Thanks for any insight you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Without any contributory negligence on your part it appears there may possibly be four liable parties. They are the hospital, the door manufacturer, the door installer, and the company, if different from the installer, which serviced the door. The legal process which follows will be like this:

You will seek damages for actual damages – ambulance, emergency room and other medical treatment. You should also be entitled to your out of pocket expenses. These include over the counter medication, bandages, etc., prescription medications, and even parking lot fees when seeing your physician for follow up treatment.

You can also seek damages for your Pain and Suffering, and if the court believes the negligence was of a nature to be unconscionable, you may receive punitive damages as well.

Once you institute legal proceedings against all parties listed above they will be left to sort out among themselves who is liable, if at all, for your injuries. You should be able to “sit on the sidelines” while they are cutting each other to pieces attempting one and all, to escape liability.

At the end it will be up to the Court to decide which of the parties is liable and for what percentage of the injuries they will be responsible for.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 9, 2011

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2 thoughts on “Injured by Malfunctioning Door at the Hospital…

  1. Thank you for your answer! I also need to add that the sliding door didn’t open so I did push the bar that was on the door to open it. There was no one at the reception desk and I was picking up my mother who had fallen elsewhere. She has Alzheimers, was drunk, and had suffered a severed blow to her head. I was trying to hold her up while leaving.

    So unless my using the push bar to open the door was negligent on my part (which I’ve seen people do all the time) then I don’t feel as though I was negligent. What is a hospitals policy on using a wheelchair to escort an elderly drunk blunt force trauma patient to the car?

    I was so focused on holding my mom up I didn’t even see the door coming. And by the way, the door that hit me was not the door I exited. It was the other side that never opens.

    I see an attorney tomorrow. He did say there may be many defendants. I’m hoping for a settlement so we don’t have to go to court. In the meantime I’m not working and losing wages and have since been diagnosed with post traumatic tremors along with the pcs and cannot drive due to the horrid dizziness. Thank u!

  2. Since I posted this I have now developed tremors that the neurologist says has been caused by the post concussion syndrome.

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