Falling in a Hospital While an Admitted Patient in Texas

Attorney Answer

You may have a claim, but the first question is what kind of claim it is — and in Texas that classification decides how hard the case is, not just what it is called. A fall by an admitted patient who needed help getting to the restroom is usually treated as a claim about the care and supervision he received, not as an ordinary slip and fall, and that distinction carries real consequences.

If the case is about the condition of the floor or the bathroom — a spill, a broken fixture, no handrail — it looks like a premises claim. If it is about whether staff should have assessed your fall risk, answered the call button, or assisted you to the restroom given your heart and lung condition, Texas courts generally treat that as a health care liability claim under Chapter 74 of the Civil Practice and Remedies Code. From your description, the second is the likelier fit, and how long it took anyone to help you is part of that same picture.

Why it matters: a health care liability claim comes with an expert report requirement. Under Tex. Civ. Prac. & Rem. Code § 74.351(a), the claimant must serve one or more expert reports, with the curriculum vitae of each expert, not later than the 120th day after the date each defendant's original answer is filed, for each provider sued. If that is not done, § 74.351(b) requires the court, on the provider's motion, to dismiss the claim against it with prejudice and to award reasonable attorney's fees and court costs. Section 74.351(c) allows one 30-day extension to cure a deficient report. That requirement is why a hospital fall needs a lawyer who handles these cases specifically.

Timing has two possible answers for the same reason. Tex. Civ. Prac. & Rem. Code § 16.003(a) requires suit for personal injury to be brought not later than two years after the day the cause of action accrues. If the claim is a health care liability claim, § 74.251(a) applies notwithstanding any other law and measures two years from the occurrence of the breach or tort or from the date the treatment or hospitalization that is the subject of the claim is completed, with a 10-year repose period in § 74.251(b). Both are two-year periods, but they can start on different days.

One more thing worth knowing before anyone talks settlement: if this is a health care liability claim, Tex. Civ. Prac. & Rem. Code § 74.301 caps noneconomic damages at $250,000 per claimant against providers other than institutions, $250,000 against a single health care institution, and $500,000 against all institutions. Medical bills and other economic losses are not capped by that section.

What you can do

1. Request your complete hospital records for the admission, and ask specifically for the fall risk assessment, the nursing notes for that shift, the call-light or call-bell records, and the incident report entry in your chart.

2. Photograph the injury and keep every follow-up record for the toe, including x-rays and any care you still need.

3. Write down what happened while you remember it — what time it was, whether you called for help, how long you waited, who came, and what they said.

4. Keep the names or descriptions of anyone who saw the fall or responded to it, and any visitor who was with you.

5. Do not sign a release or a settlement offered by the hospital, its risk management department or its insurer before a lawyer reads it.

6. Ask a Texas attorney who handles hospital cases whether this is a premises claim or a health care liability claim, because that answer sets the deadline and the expert requirement.

7. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who can ask you questions is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) sets two years from accrual for a personal injury suit, and § 74.251(a) sets two years for a health care liability claim measured from the breach or from completion of the treatment or hospitalization, with a 10-year repose period under § 74.251(b). Which of those governs your fall depends on how the claim is classified, and the expert report under § 74.351(a) then runs from each defendant's answer. Have a Texas attorney review the dates in your records. Nothing here calculates a deadline.