Knowing what to do if your loved one falls in a nursing home is important for ensuring their health, recovery, and protection of their legal rights. There are many reasons for a fall in a nursing home, most of which constitute negligence. If your loved one has injuries after falling in a nursing home, consult with an attorney immediately. They will guide you on what to do next while alleviating you from the responsibility of most of the process. Schedule a free case evaluation with an experienced nursing home injury lawyer.
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Is the Nursing Home Liable for Your Loved One’s Fall?
Nursing home residents are at high risk for falls due to factors including their advanced age, frailty, and health conditions affecting balance and mobility. The risk of falling in a nursing home is nearly three times that of a person living in the community.
Nursing homes are legally responsible for assessing fall risks for their residents and implementing appropriate fall prevention measures. If your lawyer finds that a nursing home or their staff member's negligence led to the fall, they may be liable for your loved one's injuries and damages. Your nursing home injury attorney will thoroughly investigate the incident to uncover any signs of neglect.
Vicarious Liability and Nursing Home Falls
A legal doctrine known as vicarious liability may hold the nursing home legally responsible for your loved one's fall and subsequent damages. Vicarious liability holds employers accountable for an employee's negligent actions, provided they committed them while working within the scope of their employment.
What to Do if Your Loved One Falls in a Nursing Home
Discovering your loved one has fallen in a facility you entrust to care for them can cause a wide range of emotions from anger to fear to complete overwhelm. Chances are you were not present when your loved one fell and aren't fully aware of the circumstances. You should take the following measures to ensure your loved one's health, safety, and legal protection.
Seek Medical Attention
Your number one priority is to ensure your loved one seeks medical attention from a hospital after their fall in a nursing home. Even if the fall appears minor or without injury, you must err on caution and have a licensed healthcare professional assess the fall.
A doctor will perform a visual inspection, take vital signs, test reflexes, and listen to the heart and lungs. Their examination will determine a need to order imaging and diagnostics that may uncover hidden injuries sustained in the fall.
Document the Incident
Documenting the incident immediately following is pertinent to ensuring things are written down while fresh and before they are forgotten. It also helps prevent evidence from being lost or destroyed. Ways you can document your loved one's fall in a nursing home are as follows:
- Take a written, audio, or recorded statement from your loved one detailing the fall.
- Take statements from witnesses to the fall, including nursing home staff and other residents.
- Take photographs or video of where the fall occurred.
- Take pictures of your loved one's injuries immediately following the incident.
- Get a copy of the nursing home's safety protocols.
- Obtain records of medications provided near the time of the incident.
- Obtain records of prior complaints made about the nursing home concerning similar falls or the location of your loved one's fall in the facility.
A significant benefit to hiring a personal injury attorney is having them document the incident on your behalf. The sooner you involve their help, the sooner they can assist with ensuring proper documentation, evidence collection, and preservation for your loved one's case.
Report the Nursing Home Fall
Nursing homes are required to report falls to their superiors. However, you should report a nursing home fall to the administration to ensure your loved one's safety and the future safety of other residents. If you have concerns about the fall or response from nursing home staff, discuss them with the administrator. A thorough investigation should be launched to ensure adequate protocol and the safety of other residents.
File a Complaint
You should always report a nursing home fall to the proper authorities immediately. It's a significant incident requiring prompt and appropriate medical and legal documentation. The report should include:
- The date, time, and location of the fall
- The circumstances leading up to the fall—noting potential hazards such as incorrect bed height, uneven flooring, spills, unmarked wet floors, poor lighting
- All injuries sustained from the incident, including diagnosis and medical documentation
- Witness information (if applicable)
- Previous incidents or safety concerns regarding nursing home staff
A nursing home injury lawyer can advise you on reporting a fall to the relevant state agency and may file the complaint on your behalf if you decide to pursue legal action against the nursing home regarding your loved one's fall.
Hire a Nursing Home Abuse Lawyer
Retaining the help of a legal professional ensures a smoother process for recovering financial compensation for your loved one's injuries and pain and suffering. Nursing home neglect cases are complex and time-consuming.
Due to the nature of falls, especially unwitnessed falls, the investigation may be more intricate in cementing liability. An experienced attorney knows how to navigate these cases confidently and efficiently.
Benefits of Hiring an Attorney
Falls are the leading cause of injury for adults 65 years and older. They are also the leading cause of fatal injuries for older adults. Many falls are preventable and caused by the negligence of another, including caregivers and nursing home staff. Hiring an attorney to represent your loved one’s rights has many benefits in these cases, such as:
- Case Investigation: Retaining legal counsel passes the investigation to your nursing home injury attorney, who will document your loved one's fall, investigate the possibility of witnesses, gather evidence, file a complaint with authorities, and provide peace of mind.
- Case Valuation: Your attorney will assess the full extent of your loved one's damages, including medical and rehabilitation bills, disability damages, and pain and suffering.
- Court Representation: If your loved one's case requires trial, your attorney will represent their interests. They will secure expert testimony to prove liability and damages while continuing to negotiate with liable insurers. Most nursing home falls are settled outside court.
Families of loved ones who sustained injuries from a fall in a nursing home should consult an experienced Winder personal injury lawyer immediately. They work for contingency, so there are no upfront fees or out-of-pocket costs to retain their services. A nursing home injury attorney will make this process run more smoothly while you care for your loved one during this difficult time. Schedule a free case evaluation.