When facilities prioritize profits over resident safety, only legal actions can compel them to implement necessary changes.
When your loved one suffers a fall in a nursing home, the consequences can be devastating. Falls are one of the most common causes of injury among elderly residents, often resulting in broken bones, head trauma, and prolonged recovery periods. Understanding when a fall constitutes negligence and how to pursue a personal injury claim is crucial for protecting your family member’s rights and ensuring they receive proper compensation.
Understanding the Risk of Falls in Nursing Homes
About 1,800 nursing home residents die from falls each year in the United States. These incidents often occur during transfers from beds to wheelchairs, bathroom visits, or while navigating poorly lit hallways.
Why Nursing Home Residents Are Vulnerable to Falls
Nursing home residents face significantly higher fall risks compared to community-dwelling seniors. Common risk factors include mobility impairments, balance disorders, muscle weakness, and vision problems. Medication side effects, particularly from sedatives, blood pressure medications, and multiple drug interactions, can cause dizziness and confusion. Cognitive impairments including dementia and Alzheimer disease, further increase vulnerability by affecting judgement and spatial awareness.
Nursing Home Staff Will Assist in Fall Prevention
Nursing home staff bear primary responsibility for implementing comprehensive fall prevention measures. This includes regular fall risk assessments, developing individualized care plans, ensuring adequate supervision during high-risk activities and maintaining safe environmental conditions.
Negligence examples include failing to respond to all buttons promptly, leaving residents unattended during transfers, inadequate staffing levels preventing proper supervision, and ignoring physician-ordered safety protocols.
Identifying Negligence in a Nursing Home Setting
Not every nursing home fall will lead to negligence, but specific circumstances may indicate substandard care. Negligence occurs when facilities fail to maintain reasonably safe conditions, such as leaving spills unattended, inadequate lighting in common areas, or broken handrails. Understaffing is another form of negligence, preventing workers from providing necessary supervision and assistance.
Proving Liability in a Fall Injury Case
Establishing liability requires demonstrating that the nursing home breached its duty of care, directly causing the resident’s injuries. Essential evidence includes comprehensive medical records documenting injuries and treatment, witness statements from staff and other residents, surveillance footage and facility maintenance records. Documentation of previous falls or safety violations strengthens the case significantly.
Expert testimony proves invaluable in nursing home litigation. Nursing home standard-of-care experts can evaluate whether the facility met industry standards, while legal experts from the Pfeifer Law Firm can explain the connection between negligent care and resulting injuries. These professionals help establish the facility’s failures and demonstrate how proper protocols could have prevented the accident.
What Damages Can Be Recovered From a Nursing Home Fall?
Compensation in nursing home fall cases may include medical expenses, ongoing care costs, pain and suffering, emotional distress, and loss of quality of life. In cases involving intentional misconduct or gross negligence, punitive damages may be available to punish wrongdoers and deter similar behavior.
When facilities prioritize profits over resident safety, only legal actions can compel them to implement necessary changes. By pursuing a personal injury claim, families send a powerful message that elder abuse and neglect will not be tolerated.
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