Statistics reveal that falls in nursing homes and assisted living facilities are alarmingly common and often preventable, especially in understaffed facilities:
When nursing homes don’t properly care for their vulnerable residents, falls are the all-too-common result in the Bay Area and nationwide.
Senior adults face heightened risks of slip and fall accidents. Negligent nursing homes may compound this risk due to a combination of environmental hazards and, often, inadequate care.
Falls can sometimes be caused by the following:
Whether poor supervision or the facility’s failure to adhere to the nursing process is the cause, your loved one deserves justice after an avoidable fall.
The following injuries are frequently observed after nursing home falls:
While some falls are due to genuine accidents, such as missteps, a significant number can be attributed to the failure of nursing homes to implement policies that protect their residents.
Many falls in care facilities are preventable with the following preventive measures:
Poor fall prevention often stems from staffing issues, as facilities may cut costs by minimizing the number of staff. When employees are spread too thin, they cannot provide proper monitoring and care. This leaves residents vulnerable to accidents as they attempt tasks without assistance.
To prevent falls, nursing homes are required to develop and implement an individualized fall intervention care plan for each resident. These plans may include measures such as setting up alarms to alert staff when a resident attempts to leave their bed unassisted, regular check-ins to ensure staff are meeting residents' needs, and the use of fall pads to mitigate the impact of falls.
Regular monitoring, typically conducted every 15 to 30 minutes, is a common and effective fall prevention method. Additionally, establishing a toileting schedule can reduce the need for residents to get up during the night, thus lowering the risk of falls.
Another fall prevention tactic involves keeping all staff members informed of each resident’s unique needs. Visual cues, such as stickers placed on the doors of rooms housing high-risk residents, allow staff members to provide personalized attention and reduce potential dangers.
While traditional bed rails have fallen out of favor due to safety concerns, measures like low beds and scooped mattresses can help reduce fall-related injuries.
Floor mats are another valuable tool, providing cushioning to soften the impact of falls. Bed alarms, which alert staff when a resident attempts to leave their bed unassisted, are crucial in preventing falls and ensuring timely assistance.
Nursing homes and assisted living facilities are required to establish comprehensive fall prevention measures as part of their duty of care. If a facility fails to implement appropriate interventions and a resident is injured in a fall, it may be proven negligent.
Some facilities may attempt to attribute falls to the natural aging process. However, state and federal regulations mandate the implementation of fall prevention plans. This means that the government does not consider patient falls to be an acceptable or unavoidable aspect of nursing home residency.
Facilities must proactively work to prevent falls, especially among high-risk individuals. Failure to do so can result in legal and financial liability.
Legal action can be taken against a negligent care provider, including home health agents, assisted living care givers or nurses in a skilled nursing setting. This includes many cases that involve falls among elderly residents.
The specific vulnerabilities of nursing home residents, such as underlying health conditions and cognitive impairments, heighten their risk of falling. Nursing homes are legally obligated to take reasonable steps to prevent falls among their residents.
When a facility does not do this, the injured person has the foundation to build a legal claim. Such claims aim to achieve two primary objectives: securing financial compensation and instigating positive changes within the facility. In time, these legal actions can influence patient safety policies and improve the standard of care delivered in nursing home settings.
Nursing home fall litigation is complicated, and collaborating with experienced nursing home fall attorneys can streamline the process. With their extensive legal background, an attorney can examine a case and determine whether a fall was likely preventable, then take action to hold the facility accountable.
Settlements for patient fall cases range from thousands to millions of dollars. The potential value of a case varies depending on factors like the extent of the nursing home's liability for the fall and the specific losses incurred by the victim, both economic and non-economic.
Economic damages encompass tangible costs such as medical bills for surgeries and rehabilitation. In cases involving fatalities, funeral expenses may also be included.
Non-economic damages, though less tangible, are equally significant. These can cover pain and suffering, loss of consortium, and emotional distress experienced by the victim or their loved ones.
Ultimately, the settlement amount should reflect the severity of the injuries and the impact of the fall on the individual's life.
At Susan Kang Gordon, A Professional Law Corporation, we advocate for victims of elder abuse, including cases of falls in nursing homes. Led by our acclaimed founder — recognized as Trial Lawyer of the Year by multiple esteemed associations — our firm dedicates our skills and extensive knowledge to pursuing such cases.
By selecting our law firm, you're not merely obtaining legal counsel; you're enlisting the aid of a dedicated ally who will steadfastly support you throughout the process, approaching each case as if it were a personal family matter.
What further sets us apart is our unwavering commitment to holding accountable all parties responsible for abuse within long-term care facilities. We understand that falls in nursing homes often result from systemic issues like corporate negligence and staffing deficiencies. In our goal to effect change, we tirelessly pursue justice and strive for accountability.
