Nursing Home Fall Lawyer

Seniors are at an increased risk of slips and falls, which leads to many families choosing the 24/7 care of a nursing home to help keep them safe. However, when a nursing home’s staff fails to provide sufficient supervision to its residents, fall injuries are still possible.

Our nursing home abuse attorneys can help you and your family seek justice for the wrongdoing of a negligent facility. Negligent nursing homes should be held accountable for damages they’re responsible for, whether that’s medical bills or pain and suffering.

Physical abuse, emotional abuse, and neglect should never happen. When it does, it can lead to lasting impacts. A nursing home resident who suffers a fall may be left with physical and emotional consequences. Choosing the right nursing home abuse lawyers ensures you and your family are eligible to recover compensation.

Contact our law firm today for a free consultation. The Nursing Home Law Center specializes in legal action against negligent nursing facilities. Whether your case involves nursing home abuse, emotional abuse, sexual abuse, or medical malpractice, our law firm has the expertise you need.

Statistics on Falls in Nursing Homes

Fall injuries in nursing homes occur more than they should. Here are a few vital statistics to know about slip and fall incidents in nursing homes:

• As many as half of the approximately 1.6 million residents in the United States nursing homes fall yearly [1]. 
• Additionally, about one-third of those who fall in a nursing home each year suffer multiple fall incidents [1]. 
• About one in 10 nursing home residents suffer a severe injury, with approximately 65,000 hip fractures occurring each year [1]. 
• The average occurrence of falls in nursing homes is 1.5 per bed per year [2]. 
• Gait and balance disorders, weakness, dizziness, and environmental hazards are among the most common causes of nursing home falls [2]. 
• The Centers for Disease Control (CDC) reports that an older adult dies every 20 minutes from a fall [3]. 
• Falls are the leading cause of death by injury in those 65 years and older [3]. 
• The average cost of elderly falls per nursing home each year is greater than $17,000 [3].
• Every 11 seconds, a senior is treated in the emergency room following a fall accident with injury [3].

Nursing homes can be a safe environment for elderly residents. However, they can pose a danger when staff is negligent. Work with a nursing home abuse lawyer to explore your legal options following a fall injury. Whether a nurse, doctor, or certified nursing assistant was liable for the abuse and neglect, you may have legal rights through personal injury claims.

Factors Increasing Fall Risk

Nursing homes are designed for the ongoing monitoring and supervision of seniors. The residents may be taking medications that affect their balance or have medical conditions that make mobility more difficult. Getting older means weaker bones and more muscle loss, which can put seniors at risk of more falls and severe injuries.

Certain factors increase the risk of fall injuries, including the following.

Age-Related Conditions

Fall accidents are likelier to occur with age. Getting older can lead to balance problems, muscle weakness, and vision impairment. Reduced hearing or a slower reaction time can make seniors more likely to fall when they might not have otherwise. 

Chronic pain, foot problems, quick changes in position, or mobility impairment increase fall risk. Many nursing home residents rely on mobility devices. Navigating bathrooms or changes from a wheelchair to a chair or bed can present a fall risk for seniors.

Medications

Many seniors take medications or have concurrent medical conditions that may make them more likely to suffer a fall injury. Medications may have side effects, including dizziness or drowsiness, that make maintaining balance challenging. 

Improper dosage or failure to take needed medications could increase a senior’s risk of a fall accident. Medical malpractice involves a healthcare provider’s negligence, including prescribing the wrong medication or improper dosing

Nursing home staff must ensure residents are taking their medications as needed and that they consult with their medical professional. Many nursing home neglect cases involve staff failing to supply residents with necessary medicines promptly.

Environmental Hazards

Environmental or safety hazards in a nursing home facility can be a leading cause of fall incidents for residents. These may include cluttered hallways, broken or loose floorboards, or inoperable doorways or features. Nursing home facilities are expected to provide residents with a safe environment free of hazards. 

This includes cleaning and organization protocols and prompt repairs. Environmental hazards should account for an emergency response. Emergency responders should be able to reach injured residents quickly.

Environmental hazards are among the most common causes of nursing home falls, with inadequate lighting or slippery floors being the most prominent [3]. Failing to keep hallways and entry/exit doors well-lit can lead to more fall injuries.

Cognitive Impairment 

Cognitive impairment is another common cause of fall accidents in a nursing home or assisted living facility. Conditions like Alzheimer’s Disease or Dementia lead to a higher fall risk. 

The condition affects a senior’s strength and balance, two critical components of preventing falls in a nursing home. Because those with Alzheimer’s Disease experience brain changes far before they receive a diagnosis, it can be harder to pinpoint these residents and ensure safety.

Washington University Medicine reports that seniors with Alzheimer’s Disease are far more likely to suffer a fall [4]. Environmental safety and ongoing supervision of elderly residents is crucial in a nursing home setting.

Consequences of Nursing Home Falls

Suffering a fall in nursing homes can have both physical and psychological consequences. Here are a few of the most common outcomes.

Fractures & Broken Bones

Physical consequences, like fractures and broken bones, are common when senior residents fall in nursing homes. The senior may use their hand or arm to cushion their fall, and brittle bones can lead to a broken arm or wrist. 

A nursing home resident who falls on their hip may suffer a broken bone that limits their mobility and leaves them bedridden. A fractured spine is a possibility if the resident suffers a big enough fall. With other co-occurring medical issues and limited mobility, recovery from fractures and broken bones can be challenging.

Head Injuries & Traumatic Brain Injury (TBI)

The nursing home resident can hit their head during a fall, which can lead to a head or traumatic brain injury (TBI). TBIs require lengthy and expensive recovery, and a nursing home abuse lawsuit may be necessary to recover the compensation you need for treatment.

Soft Tissue Injuries

Soft tissue injuries are common when residents fall in nursing homes. The resident may suffer sprains, strains, or muscle tears. Because many nursing home residents have other co-occurring conditions, it can often lead to them worsening due to limited mobility.

Psychological Impact

The long-term consequences of a slip-and-fall accident in a nursing home extend beyond that of physical pain and suffering. Many fall victims experience a fear of falling that can diminish their quality of life and enjoyment of their activities.

It’s not uncommon for injured victims to experience anxiety or depression following a fall. Many injured residents report a loss of independence that affects their everyday enjoyment.

Residents who experience a fall due to nursing home abuse may become fearful of their caregivers. If you suspect nursing home abuse, whether your loved one or other residents are the victim, you must report it as soon as possible.

Nursing Homes’ Duty to Prevent Falls

The CDC claims that almost 36% of ER visits involving a fall incident at a nursing home are preventable [3].

This is problematic, considering that nursing homes are designed to keep your loved one safe. Nursing homes have a duty of care to provide your loved one with proper care and supervision, which includes fall prevention programs and protocols.

Fall Prevention Programs

Every nursing home should have a fall prevention program to help keep at-risk residents safe. A good fall prevention program considers each resident with an individualized care plan. 

Some seniors are at a higher risk of fall injuries than others, so they should have tailored interventions to help keep them safe. Routine medical checkups should regularly monitor each resident’s overall condition, and the personal care plan should be adjusted as needed.

A good fall prevention program should include environmental safety measures that ensure the nursing facility is safe and free of hazards. These measures include installing grab bars in bedrooms and bathrooms and ensuring proper lighting throughout the facility so residents can choose a safe path.

Finally, staff training is an essential part of fall prevention programs. When staff aren’t adequately trained, residents are more likely to experience serious injuries. This may include ongoing training programs and specific emergency response education.

Common Causes of Falls Due to Neglect

Nursing home neglect is one of the most common causes of resident falls. Negligence in nursing homes may occur in the following ways:

• Inadequate Supervision: Nursing home negligence may include insufficient supervision of residents. Nursing home residents should receive 24/7 supervision and monitoring to prevent falls and other injuries. Failing to respond to resident call lights can be considered elder abuse or neglect, especially if it results in an injury.
• Medication Errors: Medication errors, like improper dosage or unsafe medication combinations, can lead to nursing home residents becoming unstable, leading to a fall.
• Understaffing: A nursing home negligence lawsuit may include a situation of understaffing. Failing to hire or schedule enough staff members to avoid neglect and prevent injury could be considered negligent.
• Unsafe Environment: Failing to provide nursing home residents with a safe environment free of hazards may be cause for legal action based on negligence. Leaving clutter on the floors or unsafe wet floors can be dangerous for elderly residents. Poor lighting or broken equipment can increase the risk of resident injury.

Legal Rights of Nursing Home Residents & Their Families

If you suspect abuse or neglect led to your loved one’s fall injury, you may have a legal right to compensation. Seeking financial compensation through nursing home abuse cases may not take away the abuse and neglect your family member has had to endure. Still, it can help serve justice and cover related medical bills.

It’s usually best to work with an experienced nursing home abuse lawyer when pursuing an elder abuse or neglect case. Wrongful death claims involving nursing homes require law firms with dedicated experience.

Negligence Claims

Nursing home neglect is often based on negligence, which means the staff members failed to uphold their duty of care. Nursing homes are legally obligated to provide their residents with a safe environment. When they fail to do this, they may be found liable. Negligence in a nursing home may include mental abuse, financial abuse, or neglect.

Working with a nursing home abuse lawyer, you can collect evidence that proves the nursing home’s role in the fall injury. Establishing causation between the abuse or neglect and the resident’s injuries is an integral part of a nursing home negligence case.

Compensation for Injuries & Suffering

Nursing home abuse has both a physical and financial cost. A nursing home abuse lawsuit based on negligence may allow you and your family to recover financial compensation. Our nursing home abuse attorneys will work with you and your loved one to recover the following damage types.

Medical Expenses

Fall incidents commonly lead to medical care needs. If nursing home abuse or neglect led to your loved one suffering a fall injury, which required medical care, you should be compensated. 

Nursing home abuse lawsuits can help recover the costs of medical treatment, including medical bills, rehabilitation costs, or physical therapy. Our personal injury lawyers aim to recover compensation for previous and future medical expenses.

Pain & Suffering

Elder abuse often involves pain and suffering. An injured resident who suffered abuse and a fall injury may be left with ongoing pain and limited mobility. They may not be able to enjoy the same activities or be independent.

Our nursing home lawyers recognize the importance of the emotional implications of abuse or neglect. While it may be harder to put a value on nursing home elder abuse involving pain and suffering, it’s just as essential to compensate as financial damages.

Loss of Enjoyment of Life

Suffering a fall may lead to mental anguish, which could affect your loved one’s quality of life or enjoyment of prior activities. Our nursing home abuse attorneys factor in your loved one’s loss of enjoyment of life.

Wrongful Death

Nursing home abuse or neglect could lead to life-sustaining injuries. A wrongful death lawsuit helps surviving family members collect financial compensation to cover medical bills, the emotional distress of the family, or funeral expenses.

Filing a nursing home abuse case against the negligent facility won’t bring back your loved one, but it can help you and your family deal with the consequences. A nursing home abuse and neglect lawsuit brings light to a problematic facility, which can help protect others.

Taking Action After a Nursing Home Fall

Immediate action is essential following a nursing home fall. Here are a few things nursing home patients should do after abuse or neglect causes a serious fall.

Seek Immediate Medical Attention

Most nursing home falls require immediate medical attention. Call 911 to ensure your family member receives the medical attention they need.

Report the Fall to the Facility

Reporting the fall to the nursing home is crucial. By notifying the nursing home staff members of the physical abuse or neglect, you create official documentation. The incident report is necessary if you decide to pursue legal action through a nursing home abuse and neglect lawsuit.

Additionally, notifying the nursing home staff that your family member suffered a serious fall may allow them to make necessary changes to help protect other residents.

Gather Evidence

Gathering evidence as soon as possible following the resident’s fall is essential to protect your nursing home abuse case eligibility. Nursing home abuse cases require sufficient proof of wrongdoing. 

A few critical pieces of evidence to collect now include photographs of the dangerous situation and your family member’s injuries. Medical records can show proof of fall injury. A nursing home lawyer can help you review the incident and ensure you gather the necessary evidence.

Our nursing home abuse lawyers work with expert witnesses, which can help add credibility to your case. Each case is different, and we’re here to investigate and build a strong case on your behalf thoroughly.

Consult with an Experienced Attorney

Working with experienced nursing home lawyers can make navigating physical abuse or neglect in a nursing home more tolerable. Our law firm is dedicated to serving justice for nursing home abuse or neglect victims. Negligent nursing homes should be held accountable for their wrongdoing, and our law firm offers the specialized expertise you need.

The Role of a Nursing Home Neglect Lawyer

A nursing home abuse lawyer may be more valuable to your case than you realize. Whether your family member suffered nursing home negligence or abuse, you need a law firm that has gone against nursing home facilities before and won.

The Nursing Home Law Center offers a free case evaluation, which makes exploring your legal options easy. You and your family can learn more about the process without feeling obligated to act.

At first, you can expect your legal team to review the details of your case and investigate the fall accident. Your nursing home abuse attorney will file the lawsuit in the appropriate court.

From here, they’ll begin building your case to prove negligence and causation. Some nursing home abuse cases are settled outside of court, which may or may not be an option for your family. 

Our elder abuse attorneys will assist you in reviewing settlement offers from the insurance company and determine whether or not they appropriately cover your family’s damages.

If you and your nursing home abuse attorney determine that a settlement offer received doesn’t cover your damages fairly, then we’ll prepare for trial. Your nursing home attorney is a crucial part of the trial, where they’ll present the facts of the case in front of a judge or jury.

Let an Experienced Nursing Home Abuse Attorney Handle Your Case

Our nursing home legal team helps injured residents and their families hold nursing homes responsible for their negligence. We work hard to build a strong case that helps your family secure financial compensation and seek justice. If your loved one was the victim of nursing home abuse and neglect that led to a fall injury, we’re here to protect your legal rights.

Contact our nursing home abuse attorneys today at (800) 926-7565 for a free consultation. You can fill out our online form to have an attorney contact you.

Resources: [1] Agency for Healthcare Research and Quality, [2] National Library of Medicine, [3] Secure Safety Solutions, [4] WashU Medicine