5/15/11

The Responsibility of a Hospital for the Loss of False Teeth

Hospitals have limited protection from liability should a person's personal effects, such as false teeth, go missing while he is in the hospital. Still, there are some circumstances in which the hospital does assume responsibility for personal effects. Knowing where the institution's liability starts and stops is always advisable when seeking medical treatment.
  • Wavers

    • Most hospitals require patients admitted for treatment to sign wavers exempting the institution of responsibility for personal effects. The waver limits the hospital's liability for items left unattended in a hospital room.

    Patient Responsibility

    • It is a good idea to leave personal items that aren't essential during the hospital stay at home or in the care of a family member. If the false teeth are essential during the stay, it is up to the patient to ensure their safety, even if they are left in a drawer or on the counter.

    Hospital Responsibility

    • Under the law of bailments, the hospital does assume responsibility for a patient's personal effects if they are in the possession of a hospital staff member. An example would be items such as dentures that were handed to a nurse by the patient prior to a medical test, or were removed from the patient's mouth while under sedation. The hospital then becomes responsible for its staff's actions.

    Recovery

    • If the false teeth were lost while in the possession of a staff member, the patient may have the right to ask the hospital to replace the dentures with new ones. A personal injury attorney would be able to determine whether the patient has a basis for legal action.

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