Federal Social Court: Who is liable for a fall on clinical toilet?
Federal Social Court: Who is liable for a fall on clinical toilet?
Kassel, Deutschland - A crucial case currently employs the Bundessocial Court in Kassel. On June 17, 2025, negotiations will be made as to whether a fall from the toilet falls under the protection of the statutory accident insurance during a hospital stay. The lawsuit comes from a patient from Berlin who was treated in a clinic due to a stroke. The circumstances of the case raise exciting questions about insurance protection in hospitals.
On the day of her accident, the patient was accompanied by a carer to the bathroom. This left the room while sitting on the toilet. At that moment the misfortune happened: she fell and injured herself on the right arm. Both the professional association and the lower instance courts have rejected the application for accident protection. Your argument? The walk to the toilet falls into the area of uninsured privacy, which is a legal gray area within the statutory accident insurance.
background to the legal situation
A similar case was decided in a related judgment of the Hessian State Social Court in 2006. Here another patient fought for the reimbursement of treatment costs after a fall during a rehabilitation. The defendant referred to the argument that the journey to the toilet represents an own economic activity and does not fall under insurance cover. In this case, too, the fall was ultimately not recognized as an accident at work.As the decision of the court shows, going to the toilet as part of an inpatient stay is often regarded as an action that is not indicated with medical treatment. A clear demarcation between insured activities and those in their own interest seems to be the central topic.
The current examination by the Federal Social Court could have far -reaching consequences for future judgments and the demands of patients. This focuses on important points such as the recognition of accident consequences, responsibilities of accident insurers and the protection of patients. These aspects come into speech again and again in the judgments on the statutory accident insurance , with topics such as work accidents, path accidents and the requirements for employers and insurance agents.
clarity required
The upcoming decisions will not only affect the fate of the patient concerned, but also numerous other people in similar situations. How do you deal with such falls that can occur in a normal everyday hospital life? Many hope for more clarity, especially in view of the increasing discussions about security in medical institutions. The question remains: How protected are we really when we rely on the help of specialist staff, and where does personal responsibility begin?
The process could, depending on the outcome, possibly change the framework conditions for statutory accident insurance and toast a rethink in case law. Obviation staff and solid protection for patients go hand in hand.
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| Ort | Kassel, Deutschland |
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