Nursing home falls are usually the result of a combination of risk factors. In some cases, falls among nursing home residents are impossible to prevent. However, a nursing home fall typically results from negligence or abuse.
If your loved one was the victim of a nursing home fall caused by the facility’s failure to put fall prevention measures in place, you have the legal right to seek compensation for your family’s losses. The personal injury attorneys at Nursing Home Law Center, LLC can help you hold the negligent parties accountable and recover fair compensation for your loved one’s unnecessary suffering.
Contact our affiliate nursing home abuse lawyers toll-free at (800) 926-7565 or use this online contact form to schedule a free consultation today.
What Are the Types of Nursing Home Falls?In nursing homes, a resident can suffer four main types of falls. These include:
Nursing home abuse and neglect can easily lead to a devastating fall. The following are common reasons why abuse and neglect increase the risk of nursing home falls:
Lack of Supervision
Many nursing home patients lose their independence as they grow older and require supervision from a nursing home worker. Some may require constant care as they are no longer able to ensure personal safety, as in the case of dementia patients.
Many unsupervised patients are in harm’s way, leading to a fall. Even if the fall is out of a nursing home’s control, lack of supervision can lead to the patient receiving delayed medical attention.
Unsafe Environment
Nursing homes must have fall prevention measures, including providing a safe environment for all residents. Nursing home staff must eliminate risks that could create hazardous areas, including wet and uneven floors, clutter, poor lighting, tripping hazards, faulty bed rails, and other factors that can lead to a fall.
Lack of Fall Risk Assessment
Fall risk assessments help nursing home staff to reduce the risk of falls. A nursing home patient may suffer serious injuries without a proper fall risk assessment.
Unsafe Medical Equipment
Many patients require medical equipment for mobility, such as wheelchairs, walkers, and canes. Defect equipment could lead to severe injuries from mishaps and falls.
Lack of Staff Training
Nursing home staff must follow protocols that prevent falls and know what to do in case a resident falls and why falls happen in the first place. Nursing homes that do not train or educate their staff correctly increase the risk of falls among elderly patients.
Physical Assault
Physical elder abuse can directly or indirectly cause a fall. A direct cause involving physical assault might occur when a nursing home worker pushes a resident, making them fall. An indirect cause might involve a nursing home worker uses violence on a resident, causing an injury that increases their risk of falling.
Common Fall-Related Injuries Among Elderly PatientsOlder adults are more prone to severe injuries caused by falls. These injuries often include:
According to a Health Affairs report, the average nursing home abuse settlement is approximately $400,000. However, some nursing home settlements can go up to $1 million or even higher, depending on the case's specifics.
Numerous variables in calculating a settlement amount depend on the circumstances unique to the case.
Factors Affecting a Nursing Home Abuse Settlement
Insurance companies consider several factors when deciding the value of a nursing home abuse settlement. These factors may include:
Nursing home abuse cases typically settle out of court. Plaintiffs (the victim or their family) file a claim against the nursing home, and the nursing home’s insurance company makes a settlement offer.
If parties cannot agree on a settlement, plaintiffs can take the case to court by filing a nursing home lawsuit.
In any case, a plaintiff must establish liability and causation, proving that:
Evidence of Nursing Home Abuse or Neglect
A nursing home abuse lawyer can collect evidence to build a strong case that might include:
The time to file a nursing home abuse case is of the essence. The statute of limitations for personal injury usually requires plaintiffs to file a lawsuit within two years of the accident.
Claimable Damages
The following damages can increase or decrease the value of your nursing home abuse settlement:
Consult a nursing home abuse lawyer to determine the average settlement you might receive based on the damages you’ve suffered.
How Nursing Home Abuse Cases Are Resolved
The first step to handling a nursing home abuse case is contacting a lawyer. Nursing home lawyers help victims file civil cases and negotiate settlement amounts with defendants. If the negotiation is unsuccessful, lawyers take the case to court for a jury trial.
Your family can accept the settlement before or after the trial starts. If you accept the settlement offer, you can no longer sue the nursing facility for additional damages that might arise in the future.
Most nursing home cases settle out of court to avoid high legal expenses for both parties. If you cannot agree to resolve your nursing home lawsuit, your attorney will take the case to court.
The judge or jury will hear evidence from both parties and arrive at a verdict. Many plaintiffs and defendants choose not to take the nursing home abuse lawsuit to court because there is no assurance of the outcome. Should jurors agree with the defendant's side, you may receive no compensation.
How Nursing Homes Can Mitigate The Risk of FallsSenior facilities can reduce the risk of falls among their residents by using a combination of interventions, such as:
Are you considering a local nursing home for your aging loved one? Does your loved one have a known fall risk? First, review the home’s fall prevention strategies and let the facility know so they can employ proper prevention strategies.
Moreover, observe how the facility treats its residents firsthand before admitting your loved one. Looking out for signs of abuse or neglect can help prevent your loved one from suffering at the hands of the people that are supposed to be taking care of them.
If you see signs of nursing home abuse, report it to the local authorities as soon as possible. Call 911 if you think that the abused resident is in immediate danger.
Hire Experienced Nursing Home Lawyers to Maximize Your Settlement OfferNursing home patients are prone to falls due to their age. Intrinsic factors such as unsteady gait, acute medical conditions, and deconditioning can increase a patient’s fall risk. These factors are usually unavoidable. However, nursing homes are responsible for taking reasonable measures to prevent falls.
Moreover, elderly fall accidents can result from nursing home abuse or neglect. If the nursing home failed to meet its legal obligation of providing a standard duty of care--or caused intentional harm to your loved one--contact our nursing home abuse law firm to hold responsible parties accountable.
Nursing Home Law Center, LLC exclusively handles elder abuse, wrongful death cases, and personal injury lawsuits for nursing home inhabitants. Call our affiliate lawyers at (800) 926-7565 for a free case review today.
All confidential or sensitive information you provide will be protected under an attorney-client relationship. We handle nursing home cases on a contingency basis, meaning you don’t have to pay unless we win.
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