My patient has fallen in my clinic. Am I at fault?

Lauren Rickersey and Annaliese Williams of leading law firm Barry. Nilsson. Lawyers explain what to do in the event of a patient falling

As an oral health professional, you owe a duty of care to your patient to ensure that no harm comes to them while meeting with you. It’s therefore crucial for you to have a thorough understanding of your professional obligations as a health professional when caring for your patients.

What are a dental hygienist’s professional obligations?

The health and safety of the patient should be the primary concern for health professionals in clinical practice.

To get a deeper understanding of what this means, let’s examine a fictitious clinical scenario.

Clinical scenario for context

Larisa attends for a consultation with a dental hygienist, Tanith, for treatment. Larisa is lead to the clinic room and instructed to sit on the dental chair. While doing so, Tanith looks away for a moment to speak with one of her colleagues and fails to notice some wet floor in front of the dental chair. Larisa slips on the wet floor while seating herself onto the dental chair.

If a patient falls, you should seek assistance from a senior colleague and make sure to notify your insurer as soon as possible.

Tanith assists Larisa up from her fall. Larisa reports feeling wrist pain and decides to drive herself home rather than continue with the treatment that day. Tanith tells Larisa to ice her wrist. Tanith doesn’t contact her insurer and takes responsibility for the incident. She also offers a free follow up appointment.

Tanith calls Larisa a few days later to follow up and see how she is going. Larisa tells Tanith that she went to her GP for the pain in her wrist and was referred for an x-ray which confirmed that she had sustained a fracture. Larisa blames Tanith for the fall and her wrist injury and makes a complaint against Tanith and the clinic.

What should Tanith have done?

The scenario of Larisa and Tanith displays a number of common errors that occur before and after an incident in which a patient falls at a clinic.

1. Failing to ensure that there was a safe environment before and during the provision of treatment;

2. Failing to properly assist, refer and ensure continuous and ongoing care of Larisa after her fall;

3. Failing to adequately record the incident;

4. Failing to contact her insurer to discuss the incident should a claim be made.

How to avoid slips and falls

Oral health professionals have a responsibility to take precautions to ensure that patients are not harmed while at the clinic.

Here are some examples on an individual level.

• Make sure that there is a safe environment when providing treatment to the patient;

• Follow proper safety procedures as outlined by the clinic and in accordance with your training;

• Make sure that any equipment is in proper working order;

• Do not leave the patient unsupervised during the course of treatment;

• Be aware of a patient’s medical history at all times;

• If your patient falls, follow appropriate procedures for rendering aid.

What to do if a slip or fall happens

If a patient falls, you should seek assistance from a senior colleague and make sure to notify your insurer as soon as possible.

If a slip or fall leads to a complaint or claim, please contact your insurer immediately.

In order to limit your risk of being found to be fully responsible for any injury suffered if a patient does fall, we suggest that you:

• Offer ice or treatment to help the patient in the short-term – but make sure that this is within the scope of your clinical expertise and it is appropriate to do so;

• Arrange transport for the patient, either to their home or to a hospital – or ask someone to pick up the patient from the clinic;

• Refer the patient for examination with a general practitioner or call an ambulance depending on the seriousness of the patient’s fall/ injury;

• Ask the patient to update you as to their progress after the incident;

• Make sure to record the incident in detail in your clinical notes;

• Notify your insurer in case the patient decides to make a claim.

This article has been facilitated by DHAA’s trusted insurance partner BMS and written by leading health law firm, Barry. Nilsson. Lawyers.

Barry.Nilsson. Lawyers communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. BMS Risk Solutions Pty Ltd (BMS) AFSL 461594 ABN 45 161 187 980 is the official and exclusive insurance broker for the DHAA member insurance program.