Nursing Home Fall Attorney: Protecting Seniors After an Injury

Placing a loved one in a nursing home is a decision filled with trust. You trust that the facility will provide the compassionate care, support, and safe environment your family member deserves. When that trust is broken by a preventable fall, the consequences can be devastating. Falls are a leading cause of serious injury and death among older adults, and the risk is significantly higher in long-term care settings.

While not every fall is preventable, many occur because of unsafe conditions or inadequate care, which may constitute nursing facility neglect. If your elderly loved one has suffered an injury from a fall, it is crucial to understand the facility’s responsibilities and your family’s legal rights. An experienced nursing home fall lawyer can help you investigate the circumstances and hold the responsible parties accountable.

Why Falls Are So Common and Dangerous in Nursing Homes

Nursing home residents are often frail, may have mobility issues, or suffer from medical conditions that increase their fall risk. However, these vulnerabilities are precisely why facilities must implement rigorous safety protocols. The Centers for Disease Control and Prevention (CDC) reports that about 1,800 older adults living in nursing homes die each year from fall-related injuries, and those who survive often face debilitating consequences like hip fractures or head injuries, leading to a permanent decline in mobility and quality of life.

A fall is rarely just an “accident.” More often, it is a symptom of a larger problem within the facility. Understanding the common causes can help families identify potential negligence.

Common Causes of Nursing Home Falls

A facility’s failure to provide a safe environment and adequate supervision is often at the root of resident falls. An elder injury attorney will typically investigate several key areas to determine if negligence occurred.

Understaffing and Inadequate Supervision

This is one of the most significant factors contributing to falls. When a facility is understaffed, residents do not receive the timely assistance they need for activities like getting out of bed, walking to the bathroom, or moving around the facility. A resident who needs help may try to do it themselves after waiting too long, leading to a fall. Lack of supervision also means that residents who are known to be at high risk for falls may wander into unsafe areas without anyone noticing.

Unsafe Environments and Hazards

A nursing home should be free of preventable hazards. Unfortunately, many falls are caused by the facility’s failure to maintain a safe physical environment. Common hazards include:

• Wet or slippery floors from spills or improper cleaning.
• Poor lighting in hallways, rooms, and bathrooms.
• Cluttered walkways and obstructed paths.
• Damaged or uneven flooring, such as torn carpets or cracked tiles.
• Lack of safety features like handrails in hallways and grab bars in bathrooms.
• Improperly maintained or poorly fitting wheelchairs and walkers.

Medication Errors

Overmedication or improper administration of medication can cause dizziness, confusion, or drowsiness, significantly increasing a resident’s risk of falling. Staff must be diligent in managing residents’ medications and monitoring for adverse side effects.

Failure to Follow Care Plans

Every nursing home resident should have a personalized care plan that assesses their individual needs and risks, including their fall risk. This plan outlines specific interventions, such as the need for assistance with walking, bed alarms, or physical therapy. When staff members fail to read, update, or follow this care plan, a preventable fall is often the result.

The Nursing Home’s Responsibility to Prevent Falls

Nursing homes have a legal and ethical duty to protect their residents from harm. This duty of care is not passive; it requires active measures to identify and mitigate fall risks. Federal regulations require nursing facilities to assess each resident’s risk of accidents and to provide adequate supervision and assistance devices to prevent them.

When a facility fails in this duty, it can be held liable for the resulting injuries. A nursing home accident attorney can help establish negligence by proving that:

1. The nursing home owed a duty of care to the resident.
2. The nursing home breached that duty through a negligent act or omission (e.g., understaffing, ignoring a hazard).
3. This breach of duty directly caused the resident’s fall and injuries.
4. The resident suffered damages (medical bills, pain and suffering) as a result.

What to Do If Your Loved One Falls in a Nursing Home

If you learn that your family member has fallen, your immediate priority is their health. However, the steps you take afterward are crucial for protecting their rights.

1. Ensure Proper Medical Care: Insist that your loved one receives a thorough medical evaluation by a qualified physician, potentially outside the facility, to diagnose the full extent of their injuries.
2. Document Everything: Ask the nursing home for a copy of the official incident report. Take photos of any visible injuries and, if possible, the hazardous condition that caused the fall. Write down everything you are told by staff members, including when and how they notified you.
3. Ask Questions: Inquire about what happened, who was present, and what was being done to supervise your loved one. Ask to see your family member’s care plan and records of when they were last checked on.
4. Look for Patterns: Is this the first time your loved one has fallen? Multiple falls can be a strong indicator of ongoing neglect or a failure to update a care plan after the initial incident.
5. Consult a Nursing Home Fall Lawyer: Before accepting the facility’s explanation, speak with an attorney who specializes in these cases. They can launch an independent investigation to uncover the truth.

Holding Negligent Facilities Accountable

Filing a claim against a nursing home is about more than just securing financial compensation. It is about demanding justice for your loved one and ensuring the facility is held accountable for its failures. A successful claim can force a negligent facility to change its policies and practices, potentially protecting other residents from similar harm.

A qualified elder injury attorney will handle the entire legal process, from gathering evidence like staffing records and video surveillance to hiring medical experts. They will build a powerful case to recover damages for:

• Medical expenses, including hospitalization and rehabilitation.
• Pain and suffering.
• Loss of enjoyment of life.
• Permanent disability or disfigurement.
• Wrongful death, if the fall proves fatal.

The safety of our elderly population is a critical issue, and news outlets like Reuters have reported extensively on the widespread problem of understaffing in nursing homes and its direct link to poor resident outcomes.

Don’t Let a Preventable Fall Be Dismissed

When a nursing home tries to tell you that a fall was an unavoidable “accident,” do not accept it at face value. You have the right to question the circumstances and demand answers. Protecting your elderly loved one is your top priority, and holding a negligent facility accountable is a powerful way to do so.

If your family member has been injured in a fall at a long-term care facility, contact an experienced nursing home fall lawyer today. A confidential consultation can help you understand your legal options and take the first step toward getting the justice your family deserves.

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Meta Title: Nursing Home Fall Attorney: Protecting Seniors After an Injury

Meta Description: Learn how nursing home negligence leads to falls and what you can do. Discover your rights and how an attorney can help protect your loved one.