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Federal Social Court Rules Falls From Hospital Toilets Generally Uninsured

It tasked the Berlin-Brandenburg State Social Court with assessing whether the ward’s sanitary facilities met safety standards.

Overview

  • The court ruled that statutory accident insurance covers only hospital-specific risks directly connected to treatment, excluding routine bathroom visits.
  • Coverage could apply to accidents caused by structural deficiencies or missing patient safety measures in hospital facilities.
  • The 69-year-old plaintiff fractured her arm and shoulder after falling from the toilet while recovering from a stroke that left her partially paralyzed.
  • The Administrative Professional Association and two lower courts had denied her claim on grounds that toilet use falls under the uninsured private sphere.
  • The case has been sent back to the Berlin-Brandenburg State Social Court to examine whether the hospital bathroom complied with building regulations and safety requirements.