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A patient falls in the hospital: what are the consequences for the institution?

Published

28 July 2025

Read time

3 minutes

Public institutions: a fall outside of care, who pays?

In a public establishment, such as a hospital, clinic, or nursing home, falls can occur for various reasons. It is essential to properly identify their origin in order to determine which insurance coverage can be used.

When the fall is not related to care

When a patient, visitor, or provider falls in the establishment, but this fall is not related to a medical act or care service, the liability insurance for the operation can be engaged. This includes, for example:

  • A slip on a wet, unmarked floor;
  • A fall on a poorly lit staircase;
  • An obstacle poorly positioned in a hallway;
  • A failure in the design or maintenance of the premises.

In these cases, the fall is considered an everyday accident related to the environment or the general organisation of the establishment, and not to a medical act.

Medecin

And for the visitors?

The ‘Operations’ guarantee also applies in the event of a fall by a visitor: a patient's family member, supplier, technician or any other external party. Again, if the accident is due to the layout of the premises or negligence in maintenance, the establishment may be held liable.

Why is this distinction important?

It allows to mobilize the right insurance guarantee. If the fall is related to a care (for example, a patient falls during a poorly performed transfer by a caregiver), it is the Professional Liability Insurance that is concerned.

On the other hand, if it is related to the environment or a non-medical activity, it is the Business Liability Insurance that takes over.

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Need to know more?

Contact our Director of the Medical & Life Sciences sector.

Photo of Camille Rougé

Camille Rougé

Sectors Director and Medical and Healthcare Sector Director
Photo of Camille Rougé

Camille Rougé

Sectors Director and Medical and Healthcare Sector Director

Camille is a seasoned professional in healthcare law and medical sector risk management, leading the development of this specialized domain for private and public healthcare institutions, healthcare professionals, and the pharmaceutical sector.

Her background as a healthcare law specialist and her experience in major brokerage firms empower Howden France to deliver a robust expertise and innovative, high-value solutions to the market.