Question

A patient arrives in the emergency department suffering from psychosis. He becomes violent and starts attacking other patients and the medical staff. In attempts to restrain him, his arm gets broken. The patient's family sues the hospital for his injury. Please answer/post your answer to the following questions in the DB.

1. What kind of tort can the hospital be sued for? Do they have grounds for suing the hospital?

2. Should the hospital be liable for the injury?

Answer 1

The hospital can be sued for Medical Negligence and causing harm to the patient.The patient and family members can sue the hospital on the grounds of causing injury (fracture) to the patient during the part of care (while restraining)

The hospital is liable for the injury because they take the complete responsibility of the employees and are often held liable when its employees commits a mistake or accidents.