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Do Non-clinical Hospital Injuries Fall Under Medical Malpractice Law?

The Law Firm of Jonathan C. Reiter answers questions about medical malpractice claims.

NEW YORK, NY, USA, January 28, 2014 / -- Opinions about the medical liability system in the United States make for an interesting debate in the country. With an estimated 195,000 deaths being allegedly caused by medical blunders annually, insurance companies, doctors’ groups, patients, and others have been vocal throughout the years about their views on how to most effectively hold hospitals and physicians accountable for medial mistakes, while maintaining a financially sound health care system. Medical malpractice laws in the US have been both hailed and criticized; however, no matter what side of the spectrum one is on regarding this area of personal injury, most agree that those in charge of patient care should be held responsible if they make errors that cause patients harm.

Most states have laws in place that allow victims to pursue compensation for damages they incur as a result when they are injured by a medical error in a hospital or doctor’s office. However, there are some circumstances where individuals sustain non-clinical injuries in a medical care setting and are unsure whether they have a valid medical malpractice claim.

Within most hospitals, there are various departments that are deemed integral to the smooth operation of the facility so that patients can receive the full attention of doctors and medical staff.

Non-clinical hospital personnel are part of quality patient care
“Non-clinical departments range from cafeteria, gift shop and switchboard personnel to patient escorts and social workers, accounting, housekeeping, maintenance, physical plant, information technology, human resources/recruiting, risk managers and laundry personnel.”

For more information about non-clinical hospital departments, please visit

When a person sustains a non-clinical hospital injury, for example in a hospital cafeteria slip and fall accident, a key question that arises is who is at fault? Non-clinical hospital injuries do not fall under the category of medical malpractice in the eyes of New York law. Medical malpractice injuries are those that arise from a medical error linked to the administration of treatment that falls below acceptable medical standards of practice. However, if one becomes injured in an accident such as the aforementioned, there may be grounds to file a compensation claim under another area of personal injury law such as premises liability.

Can In-Hospital Falls Really Be Prevented? Study Shows That Current Prevention Strategies May Not Be Very Effective
“In hospitals, approximately 3 to 20 percent of inpatients fall at least once during their stay. These falls are considered "preventable" by the Centers for Medicare & Medicaid, and therefore healthcare facilities are held accountable for the costs of treating any resulting injuries.”

For more information about in-hospital falls, please visit

The Law Firm of Jonathan C. Reiter is available for those who have sustained a medical injury and have questions about their rights under the law. Individuals can contact the New York medical malpractice firm today for a free case review.

Jonathan C. Reiter
Law Firm of Jonathan C. Reiter
(212) 736-0979
email us here

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