Pursuing a Compensation Claim for Injuries Incurred due to a Slip or Fall Incident in a Nursing Home Facility

Pursuing a Compensation Claim for Injuries Incurred due to a Slip or Fall Incident in a Nursing Home Facility

New and Improved Guide to Pursuing a Nursing Home Fall Claim

When profit-driven nursing homes disregard resident safety, legal action is the only tool to force change. If your family member experiences a fall in a nursing home, the consequences can be severe — broken bones, head trauma, extended recovery, and even death. Here's how to recognize negligence and pursue a successful personal injury claim.

** common Risk Factors for Nursing Home Falls**

In the United States, around 1,800 nursing home residents lose their lives each year due to falls. Falls often occur during transfers, bathroom visits, or navigating poorly-lit hallways. Various factors contribute to this increased risk, including mobility challenges, balance disorders, muscle weakness, vision problems, and medication side effects. Dementia, Alzheimer's, and cognitive disabilities further increase fall risks by affecting judgement and spatial awareness.

Crucial Functions of Nursing Home Staff

Nursing home staff bear the responsibility for preventing falls by implementing comprehensive measures. This involves regular fall risk assessments, tailored care plans, offering appropriate supervision during at-risk activities, and maintaining safe, clean facilities.

Examples of neglect include a failure to respond to calls, leaving residents unattended during transfers, insufficient staffing levels, and ignoring doctor-recommended safety protocols.

Red Flags of Negligence

Not every nursing home fall indicates neglect, but certain circumstances warrant further investigation. Examples of negligence include poor facility maintenance (e.g., uneven flooring, poor lighting, and broken handrails), understaffing, and failure to maintain reasonable safety conditions.

Building a Case

To establish liability, you must demonstrate that the nursing home breached its duty of care, causing the resident's injuries. Crucial evidence includes detailed medical records, witness statements, facility maintenance records, photographs, and surveillance footage. Documented previous falls or safety violations can further strengthen your case.

Precious expert testimony helps in nursing home litigation. Standard-of-care experts can evaluate the facility's compliance with industry standards. Legal experts from the Pfeifer Law Firm can connect negligent care to the resulting injuries, clarifying how the accident could have been prevented.

Types of Compensation

Compensation for a nursing home fall may cover medical expenses, ongoing care costs, pain and suffering, emotional distress, and loss of quality of life. In cases where gross negligence or intentional misconduct is present, punitive damages may be awarded to penalize wrongdoers and discourage similar behavior.

Key Takeaways

• To build a successful nursing home fall claim, exhaustively document the accident scene, facility conditions, and facility's response.
• Gather essential evidence such as witness statements, medical records, and maintenance records.
• Expert testimony can demonstrate the facility’s failures and show how proper protocols could have prevented the accident.
• Collect photos and other visual documentation to supplement your case.

When nursing homes prioritize profits over resident safety, only legal actions can impel change. By pursuing a personal injury claim, you can send a strong message that elder abuse and neglect will not be accepted.

Additional Insights

Common Risk Factors for Nursing Home Falls:

• Inadequate Staffing: Low staffing levels can mean residents receive inadequate assistance or supervision.
• Poor Facility Maintenance: Ignoring upkeep issues such as uneven flooring, slippery surfaces, or damaged equipment can raise fall risks.
• Lack of Safety Measures: Not providing adequate safety equipment, such as handrails, alarms, or restraints, can increase fall risks.
• Underlying Medical Conditions: Residents with mobility issues, cognitive disabilities, or balance disorders are more likely to fall.
• Medication Side Effects: Some medications can cause dizziness, confusion, or sleepiness, heightening fall risks[1].

Negligence Red Flags:

• Frequent Falls: Repeated falls may indicate ongoing safety issues.
• Untreated Injuries: Delay or inadequate treatment of fall injuries could show neglect.
• Unclean or Poor Living Conditions: Lack of hygiene or poor nutrition may indicate neglect.
• Ignored Complaints: Unresolved resident or family complaints could indicate neglect.
• Documented Safety Violations: A history of safety violations or regulatory citations may suggest neglect[1][2].

Overview of Essential Evidence to Prove Negligence:

• Medical Records: Documentation of injuries, treatment, and health deterioration after the fall[1].
• Witness Statements: Testimonies from staff, residents, or visitors who observed the incident or safety issues[2].
• Incident Reports: Reports detailing the circumstances and response to the fall[2].
• Surveillance Footage: Video footage of the fall or conditions that contributed to it, if available.
• Maintenance/Safety Records: Proof of hazards or failure to address known risks[3].
• Photographs: Visuals of the accident scene, injuries, or unsafe conditions[2][1].
• Correspondence: Written communication with facility administration regarding safety concerns or complaints[3].
• Expert Testimony: Testimony from medical or standard-of-care experts to verify negligence claims[4].

Elements to Establish Negligence:

1. Duty of Care: The nursing home had a legal obligation to protect the resident[4].
2. Breach of Duty: The facility failed to meet the standard of care (e.g., by not preventing foreseeable falls)[4].
3. Injury: The resident suffered harm as a result of the fall[4].
4. Causation: The breach of duty directly caused the injury[4].

[1] Centers for Disease Control and Prevention (CDC)’s National Center for Injury Prevention and Control (NCIPC)

[2] American Bar Association, Commission on Law and Aging (ABA CO LA), and The American Health Care Association (AHCA)

[3] National Quality Forum (NQF) and the Joint Commission

[4] American Association for Justice (AAJ) and the American College of Trial Lawyers (ACTL)

[5] National Highway Traffic Safety Administration (NHTSA) and the Centers for Medicare and Medicaid Services (CMS)

1. Sciencing articles may provide more insights on the elevated risks of falling in nursing homes, especially when considering the impact of chronic diseases, such as cancer, respiratory conditions, digestive health issues, eye health, hearing problems, and skin conditions.
2. By understanding these risk factors, nursing homes and their staff can prioritize workplace wellness, implementing health and wellness initiatives, and ensuring mental health support for residents.
3. In addition, men's health and women's health should be addressed to improve overall wellbeing, given the significant impact that hormonal imbalances or reproductive health issues can have on residents.
4. Due to the relevance of nutrition in fall prevention, offering healthy food options and addressing weight management concerns could mitigate health risks related to obesity or malnutrition.
5. Sleep is essential for healing and recovery, making it crucial to address sleep disorders and optimize sleep environments to prevent falls.
6. Aging can exacerbate the effects of chronic diseases and impact mobility, making it essential to assess residents' cardiovascular health and neurological disorders when determining fall risks.
7. Fitness and exercise programs tailored to specific needs can help maintain muscle strength and improve balance, thus reducing the risk of falls.
8. Climate change can affect internal and exterior facilities, such as reduced visibility in outdoor areas or poor thermal conditions, which may lead to increased fall risks.
9. Leadership within nursing homes must prioritize resident safety, fostering a culture of safety through proper training, staffing, and addressing any environmental factors that may contribute to falls.
10. Diversity and inclusion are key elements in creating a harmonious environment, ensuring that all residents feel valued, heard, and respected.
11. Environmental science can provide insights into the design of safe and elder-friendly living spaces, promoting a home-and-garden atmosphere conducive to residents' wellbeing and safety.
12. With home improvement, nursing homes can improve fall prevention by introducing safety features in bathrooms, bedrooms, and common areas to reduce hazards and enhance navigation.
13. When designing safe interiors, it is essential to consider factors such as proper lighting, graspable handrails, and non-slip flooring.14.Yoga and meditation can promote relaxation and reduce stress, potentially preventing falls by boosting stability, coordination, and mental focus.
14. Parenting advice may seem unrelated, but parents can educate their aging relatives about the importance of home safety, especially when it comes to health and fashion choices, like the use of slippery shoes or loose clothing that may increase the risk of falls.
15. Autoimmune disorders and environmental factors, such as air pollution, can have detrimental impacts on respiratory health, potentially contributing to imbalances, allergies, or asthma that may increase fall risks.
16. Therapies and treatments, such as physical and occupational therapies, can help manage chronic diseases and improve emotional wellbeing while also reducing the risk of falls.
17. Providing residents with adequate access to nutritious food, either through dining services or cooking opportunities in shared kitchen spaces, can support health conditions and improve overall wellbeing, decreasing the likelihood of falls.
18. Sustainable living practices in nursing homes can minimize environmental pollution, ensuring cleaner indoor spaces and improved air quality, thus mitigating health risks related to respiratory conditions.
19. Budgeting for safety equipment, such as helmets, grab bars, and fall-proof mats, can help prevent accidents and reduce injuries.
20. In keeping with the theme of fall prevention, businesses and careers related to health and wellness, such as nutritionists, therapists, interior designers, or mental health professionals, can contribute to creating a safer living environment for residents.
21. Personal finance education can help residents make informed decisions regarding their care, advocating for themselves and understanding their rights in the event of neglect or abuse.
22. Collaborating with global cuisines while following healthy cooking guidelines can inspire residents to engage in positive lifestyle habits that support their wellbeing and reduce fall risks.
23. Effective debt management can help nursing homes allocate resources to the most pressing needs, such as staff training, equipment, and safety improvements, all of which contribute to reducing fall risks.
24. Gardening can provide opportunities for residents to stay active, improve their mental health, and engage in outdoor living, which may have positive impacts on mobility and balance.
25. Through sound budgeting and fiscal responsibility, nursing homes can invest in personalized fall prevention plans and interventions tailored to each resident's unique circumstances.
26. To create a holistic wellness program for residents, nursing homes should consider the interconnected nature of physical health, mental health, and social wellbeing, ensuring a comprehensive approach to fall prevention.

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