Psychiatric patient jumps out of window - Canton liable

In 2003 a psychiatric patient jumped out of a window of the Waldau Psychiatric Clinic (UPD/Bern) and was severely injured.
The medical police brought the patient to the clinic, due to risk of self harm (acute state of confusion). She was placed in a secure ward. The doctors ordered, inter alia, close supervision. Three and a half hours after her admission, the patient was suddenly standing alone in the corridor, awaiting the medicine distribution. Unexpectedly, she ran through an open door into a ward where two nurses were present, crossed the room and jumped out of an open window. The ten-metre drop from this second-floor window onto a lawn caused her several leg fractures. Her right leg had to be amputated below the knee in 2006, due to chronic infection.
Represented by Steinegger Rechtsanwälte, the patient's health insurance fund, which paid approximately Fr. 40,000.00 from 2003 to 2007 on her behalf, sued the Canton of Bern. By means of the judgement of 29.12.2010 (100.2010.228U)¹ the Administrative Court ordered the Canton of Bern to reimburse the health insurance fund for the insurance benefits as claimed.
The court held from the outset that requirements for patient observation should be determined according to the full circumstances of each individual case. The clinic staff have infringed their duty of care in this case. It was known to the staff that an extremely high risk of self harm was present in this confused and helpless patient. Leaving ward doors as well as windows of a psychiatric institution open at the same time, did not only breach the clinic's internal safety guidelines, but also contravened the prescribed measures. The court held the clinic liable for malpractice in the form of poor observation.

Psychiatric patient jumps out of window - the Canton is liable, in Der Bund (newspaper) of 18.01.2011, 22.

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Patient jumps out of window - the Canton is liable, in BernerZeitung BZ of 18.01.2011, 3.

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1. Judgement of the Administrative Court of the Canton of Bern, Administrative Department, of 29.12.2010, Nr. 100.2010.228U; fall from window of a patient of the Psychiatric Clinic; insufficient observation; patient in preventative detention; liability; hospital liability; government liability.