The most common accident in a nursing home is a fall. Many residents may face a greater risk of falling because of their condition, and a greater chance of serious injury when incidents occur. One fall can mean a loss of mobility for the rest of a person’s life.
Falls often occur due to preventable factors. Many facilities are understaffed, which can result in inadequate supervision for residents. Those with cognitive impairments are particularly at risk.
Omega Law Group Accident & Injury Attorneys has been advocating for nursing home residents and their families since 2016. If your loved one was hurt in a preventable fall, call for your free consultation and learn how our nursing home abuse lawyers in Los Angeles can help.
Why Nursing Home Residents Face a Higher Risk of Falls
Many nursing home residents have physical or mental challenges that make falls a common accident in nursing homes. Some people need help getting out of bed or walking. Others who have dementia might not realize what they can and cannot do.
The risk can become more significant when a resident has a history of falling. A facility should understand that history and take appropriate precautions based on the resident’s individual needs rather than treating every resident the same.
If you are concerned that a facility failed to respond to known risks, Omega Law Group can help you examine the circumstances and determine whether the care your loved one received was appropriate.
Is a Nursing Home Fall a Sign of Neglect?
A fall may raise concerns about neglect when the facility fails to provide the level of care the resident reasonably needs. California law recognizes neglect as including a negligent failure by a person responsible for an elder or dependent adult to exercise reasonable care.
The important question may be whether staff followed the resident’s care plan or ignored precautions designed to reduce a known risk. You should also pay attention to what happened before and after the accident.
If staff recognized a danger but failed to respond appropriately, that evidence may become important to your claim. Omega Law Group can help assess whether the circumstances suggest the fall may be considered negligence in a nursing home.
Can a Nursing Home Be Held Responsible for a Resident’s Fall?
A nursing home isn’t automatically liable if a resident falls. To pursue a negligence claim, you must demonstrate that the facility or its staff failed to fulfill their duty of care, and this failure resulted in harm.
That’s why it’s important to understand the details of the incident. You or your attorney must determine if staff knew the resident was at risk of falling, whether safety measures existed, and if caregivers adhered to those measures.
Omega Law Group can help you understand if your loved one’s situation may support a negligence claim.
What Evidence Can Show Why a Nursing Home Fall Happened?
The cause of a fall may not be obvious from the injury itself. These cases require evidence that proves nursing home negligence. That evidence may include:
- The resident’s medical records can show whether an illness or medication contributed to the fall.
- Staff notes and incident reports can explain what happened before and during the fall.
- Witness statements can provide information about how the fall occurred.
- Surveillance video may show what happened before the fall.
- The resident’s care plan can show what assistance or supervision was required.
- Records about the facility can reveal whether unsafe conditions contributed to the fall.
- Staffing records can show whether the required care was provided when the fall occurred.
Do not depend only on the facility’s initial explanation. Records can often give a fuller picture of what staff knew and what actions they took. Omega Law Group can assist in reviewing the available evidence and pinpointing important questions that need answers.
What Should You Do After a Fall or Another Common Accident in a Nursing Home?
Your priority should be your loved one’s medical needs. Ask the facility what happened and insist on appropriate medical evaluation, particularly when your loved one reports pain or shows a change in condition. You should also:
- Write down everything you remember about the incident while it’s still fresh in your mind.
- Keep copies of all messages and conversations with the facility.
Ask the facility for information about the incident and the resident’s care and document their response. Per Welfare and Institutions Code Section 15630, California imposes reporting duties on certain mandated reporters. Omega Law Group can help you understand your next steps.
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Get Help After a Nursing Home Accident
Falls are a common accident in nursing homes, but there are other issues you may encounter as well. A nursing home may also face concerns involving medication errors, unsafe conditions, or injuries associated with inadequate care.
You should not assume that an accident was unavoidable simply because your loved one is elderly or medically fragile. Our team can determine whether the available evidence warrants further investigation.
Omega Law Group will help you investigate what happened, assess whether negligence may have contributed, and discuss the legal options available to your family. Call today for a free consultation.
