Falls might seem like one of the easiest forms of accidents to prevent in nursing homes but they are by far one of the most common. Also, they are one of the most expensive to correct. Whether it be from a chair or other service, residents fall down all the time and fracture bones, rack up bills, and endure suffering.
To show you what kinds of fall incidents take place in these facilities and how residents were able to recover, we have summarized some Pennsylanvia nursing home lawsuits below for you to read that involved resident falls.
$250,000 NURSING HOME SETTLEMENT:
Pennsylvania nursing home fall case. The resident in this lawsuit brought a cause of action after he fell out of his bed. At the time of the accident, he was sleeping. There were no rails installed and he had fallen before while staying at the same nursing home.
This incident was more severe however. He injured his hip and sustained a brain contusion. These injuries required him to spend considerable time at a hospital in order to see specialists and undergo various examinations and treatments.
All told, the incident ended up costing and the state lots of money not to mention the pain and suffering it inflicted upon him. To recoup these damages, he sued the nursing home in state court. The central premise if his lawsuit was that its negligence service caused these injuries and that it should pay him as a result of that.
The nursing home offered an alternative theory. It stated that it provided him with the requisite level of care but that his own negligence or some other exterior factor was responsible for the incident. Yet, this rationale could not explain such glaring errors including a lack of rails, fall prevention plan, or record of compliance with its own policies and procedures.
In order to minimize the damages of an expensive trial, the defendant facility agreed to settle at just below the plaintiff’s last demand. The level of compensation was divided up among the following parties:
- The state to satisfy medical liens;
- The plaintiff to compensate him for his injuries and costs; and
- The representatives who brought the action to court.
$120,000 NURSING HOME SETTLEMENT:
Pennsylvania nursing home fall case. This case kicked off after a resident was kicked out of bed-literally but not intentionally. The woman was seventy-one and trying to get dressed by herself. She was very ill and handicapped so inevitably she needed help.
She rang for assistance and eventually an older gentleman came to lend her a hand. However, in the course of the dressing, he accidentally shoved her off the bed with his leg causing her to fall to the ground. She was quite injured so the nursing home staff arranged for her to be seen by doctors.
They in turn identified that the woman had a broken nose and other personal injuries. They fixed her up and sent her back to the original nursing home for rest and rehabilitation. However, the events of the lawsuit left her with trauma, pain, and debt.
To recover for these unique and real forms of injury, she sued the nursing home. She sought damages for the tangible and intangible ways in which the fall accident negatively affected her. Plus, she sought compensation for the expense of the lawsuit itself.
The defendant initially cried that the plaintiff was contributorily negligent but eventually it came to the conclusion that settlement was a more financially sound route than trial.
$200,000 NURSING HOME SETTLEMENT:
Pennsylvania nursing home fall case. The victim in this case was almost eighty and suffered from a mental disorder that prevented him from perceiving reality properly. He needed help all throughout the day and required constant supervision in order to stop him from hurting himself.
On one such occasion, that did not happen. He walked out of the facility and down the block without alerting nursing home staff. He had not got much more than a mile down the road when he fell down and injured himself. The consequences were immediate and obvious.
After he was taken to the doctors’ office, they quickly identified that he broke two bones and needed to be evaluated for a possible concussion. Fortunately, they discerned that he did concuss himself in the fall. However, he still had trouble walking and experienced pain regularly after the event. Plus, he had to pay back all of the bills that mounted due to the incident.
Therefore, it should come as no surprise to you that he filed a suit through his attorneys. They alleged that the nursing home had an insufficient monitoring and security system and that that deficiency was the legal cause of the man’s damages. Thus, it was obligated to pay him compensation.
After a back and forth session of negotiation that lasted several months, both sides found a number that worked and moved on from the affair.
$80,000 NURSING HOME SETTLEMENT:
Pennsylvania nursing home fall case. This case resolved itself almost as quickly as the resident fell down but it is still instructive of Pennsylvania nursing home lawsuits nevertheless. The plaintiff that filed the cause of action was an elderly man.
He had not lived at the nursing home in question for very long before the circumstances which gave rise to this lawsuit transpired. Apparently, he fell down in the shower. At the time that he fell, there were no staff or employees present to assist him. He had not told them that he was going to bathe himself and therefore it took a while for them to realize that he had fallen down and injured himself.
Although, as soon as they found him, they were quick to help and get him in front of medical professions. His doctors had to set his arm because he broke it. They also prescribed a course of prescription medication. However, that was merely precautionary.
The man still sued the nursing home and alleged that it should have better supervised and monitored him. These claims were made over the strong protestations of the defendant facility that claimed he assumed the risk of injury when he went into the bathroom by himself without warning anyone.
This valid and immovable defense might explain why the final settlement amount was much closer to the defendant’s offer than the plaintiff’s demand. Yet, the existence of any settlement value is reflective of the fact that the man still got hurt on the home’s watch.
$400,000 NURSING HOME SETTLEMENT:
Pennsylvania nursing home fall case. This lawsuit received a rather large amount because of the nature of the victim’s innocence and egregiousness of the facility’s errors. The victim was a young woman by nursing home standards that was confined to a wheelchair since birth.
She fell out of the chair and could not back up one late night. Nursing home staff did not find her for a long time-over an hour at least. When they did, they easily realized she was very injured. Her childbirth injuries were worsened and new ones emerged including even brain complications.
She was transferred out of the nursing home and into an advanced medical unit to receive treatment. Eventually, her lawyers filed an action on her behalf that sought recovery from the facility for this incident. Both parties settled out of court for a reported sum of $400,000.
PENNSYLVANIA NURSING HOME FALL CASE TAKEAWAYS
After looking over these Maryland nursing home cases, there are some critical takeaways that you should remember including the following:
- Did the state cite or fine the nursing home because this can be a good indication of negligence?
- Did the nursing home create and follow a plan to prevent the resident from falling down because if it did not then that can be a sign of negligence?
- Were nursing home employees assisting the resident when he or she fell or were they absent because their absence can mean misconduct?
- Was the resident disabled or disfigured due to the incident because that may mean a significantly higher recovery amount?
DID YOUR LOVED ONE FALL IN A PENNSYLVANIA NURSING HOME?
Lawyers at Nursing Home Law News have worked on many fall accident cases. We can help you see how Pennsylvania’s laws allow you to recover when the nursing home was at fault. Plus, we can do all of the work on your behalf on contingency so that you will not have to pay for a dime unless and until you are satisfied with the results. Call us today and we will begin working immediately!
If you would like to learn more about nursing home cases in Pennsylvania, please read the following pages:
PENNSYLVANIA NURSING HOME ABUSE CASES
PENNSYLVANIA NURSING HOME BED SORE CASES