Nursing homes primarily house the elderly, physically disabled individuals, or chronically ill patients who require long-term assistance. The majority of the residents have mobility issues, problems with balance, or medical conditions that make them vulnerable to injuries from falls. Fall-related injuries are prevalent among nursing home residents, often leading to severe consequences and significant medical bills. Caregivers in assisted living facilities are legally obligated to provide safe living spaces that promote the overall well-being of those in their care.
This is because slips and falls can happen even in seemingly safe environments like nursing homes. If you or a family member is a victim of this unfortunate accident, you may question whether pursuing legal action is possible. Consulting an experienced attorney is crucial in such cases to ensure fair compensation and proper legal guidance.
What Is a Slip-And-Fall Accident?
An incident of this nature happens when someone slips on a wet floor or trips over an obstacle, resulting in a dangerous fall on another person’s premises. Slips and falls can cause serious injuries like bone fractures, head trauma, and even death. If a slip-and-fall accident occurs in a nursing home, you want to bring a premises liability lawsuit against the facility and seek compensation for the injuries sustained. Medical professionals play a crucial role in assessing and diagnosing injuries from falls, ensuring that all injuries, including traumatic brain injuries, are properly evaluated.
Nursing homes owe it to their residents and guests to keep them safe. Various factors contribute to fall risk in nursing homes, including age-related changes, cognitive impairments, environmental hazards, and staffing issues. If the facility fails to address hazards that could lead to a slip-and-fall, it could be liable for the injuries sustained. To determine if you have a valid legal claim against a skilled nursing facility for a slip-and-fall accident, you need to establish the following elements:
- Duty of care: The nursing home owed you a duty of care to maintain a reasonably safe environment.
- Breach of duty: The nursing home breached that duty by failing to address or correct known hazards that led to your slip-and-fall accident.
- Causation: The nursing home’s breach of duty directly brought about your injuries.
- Damages: You suffered actual damages stemming from the slip-and-fall, such as physical injuries, medical bills, pain, suffering, or other losses.
If you can prove the assisted living facility’s neglect of duty caused the incident, you can bring a suit against them. To do so, establish the viability of your claim with the help of a personal injury attorney. They can assess your case and offer you tailored advice and representation.
Common Causes of Falls in Nursing Homes
Nursing home falls can stem from a variety of factors, each contributing to the increased risk faced by residents. Physical and medical conditions play a significant role; age-related changes, chronic health issues, and medication side effects can all heighten the likelihood of a fall. Environmental hazards within the facility, such as poor lighting, wet floors, and uneven surfaces, further exacerbate these risks.
Staff negligence is another critical factor. Understaffing, inadequate training, and failure to provide necessary assistance can lead to dangerous situations. Additionally, a lack of proper supervision, especially for residents with cognitive impairments, can significantly increase fall risks. The improper use of assistive devices like walkers and wheelchairs also contributes to the problem.
To mitigate these risks, nursing homes must proactively identify and address these factors, ensuring a safer environment for all residents.
Common Injuries Resulting from Nursing Home Falls
Falls in nursing homes can lead to a spectrum of injuries, ranging from minor to life-threatening. Fractures are common, with hip, wrist, and spine fractures being particularly prevalent. These injuries can severely impact an elderly resident’s mobility and quality of life. Head injuries, including traumatic brain injuries, are also a serious concern and can be life-threatening.
Soft tissue injuries, such as bruises, sprains, and cuts, are frequent but can be particularly serious in elderly patients due to their fragile skin and slower healing processes. Beyond the physical injuries, falls can have a profound psychological impact, instilling a fear of falling again, which can lead to decreased mobility and independence.
The consequences of falls extend beyond immediate injuries, often leading to a decline in both physical and mental health, increased risk of hospitalization, and even mortality. Nursing homes must prioritize fall prevention and provide appropriate care and treatment to residents who have experienced a fall.
Determining Liability in Nursing Home Resident Falls Cases
Establishing liability following a slip-and-fall accident in a nursing home can be complex. To hold the nursing home answerable, you must prove that their negligence or failure to fulfill their duty of care directly led to the accident. In these cases, negligence can include keeping hazardous conditions, inadequate staff training, and negligent supervision. Nursing homes must keep a safe environment for their elderly or physically disabled residents.
They may be held liable for any resulting injuries if they fail to address hazards like wet floors, uneven surfaces, poor lighting, or loose handrails. Properly trained employees can help prevent slip-and-fall accidents. If the facility does not provide adequate staff training or ignores safety protocols, it can contribute to its liability. Also, care facility staff should regularly monitor residents to ensure their safety. If a lack of supervision or neglectful care led to the slip-and-fall incident, the nursing home may be found legally accountable. Nursing homes being held liable for falls due to negligence underscores their legal obligations to maintain a safe environment.
Securing financial compensation for victims of nursing home falls is crucial. This compensation can cover damages related to pain, suffering, and medical expenses.
Rights of Elderly Nursing Home Residents
Elderly nursing home residents are entitled to a safe and healthy environment, free from abuse and neglect. They have the right to receive proper care and treatment, including assistance with daily activities and medical care. Treating residents with dignity and respect, and honoring their individual needs and preferences, is paramount.
Residents also have the right to participate in their care planning and make decisions about their own care. Access to their medical records and being informed about their medical condition and treatment are fundamental rights. Additionally, residents should feel empowered to report concerns or complaints without fear of retaliation.
Nursing homes have a duty to respect and protect these rights, ensuring that residents live in a supportive and respectful environment.
Proving Nursing Home Negligence After a Slip-And-Fall
To pursue a successful lawsuit against a residential home for seniors or disabled people, you must gather evidence demonstrating negligence and the ensuing damages. This can include obtaining a copy of the incident report filed by the nursing home staff, which can provide crucial details about the accident and support your claim. You must also collect medical records that highlight your injuries from the slip-and-fall. A nursing home fall lawsuit involves navigating the legal process to hold the facility accountable for negligence and unsafe conditions.
These records can strengthen your case and establish the connection between the incident and the injuries. A nursing home abuse lawyer can effectively advocate for victims by collecting strong evidence, understanding nursing home regulations, and pursuing fair settlements on behalf of families affected by such incidents. If there were witnesses to the slip-and-fall accident, their testimony could prove invaluable for your claim. Gather statements from witnesses to help establish the nursing home’s negligence. In addition, take detailed pictures or videos of the accident scene and the unsafe conditions that led to the fall. Visual evidence can be compelling in demonstrating negligence.
Preventing Falls in Nursing Homes
Preventing falls in nursing homes requires a comprehensive approach that addresses various risk factors and promotes a safe environment. Regular assessments are crucial to identify residents at high risk of falling. These residents should receive individualized care plans tailored to their specific needs and risk factors.
Proper training for staff on fall prevention and response is essential. Ensuring that the physical environment is safe and free from hazards, such as wet floors and poor lighting, is a fundamental step. Providing assistive devices like walkers and wheelchairs to residents who need them can also help prevent falls.
Encouraging residents to participate in physical activities and exercises can improve their strength and balance, further reducing the risk of falls. By taking these proactive measures, nursing homes can create a safer environment for their residents.
Investigating a Nursing Home Fall
Investigating a nursing home fall requires a thorough and timely response to ensure the resident receives proper care and treatment. An immediate investigation should be conducted, including reviewing incident reports and witness statements. The resident’s medical records and care plan should be examined to identify any contributing factors.
Interviews with staff and residents can provide additional insights into the circumstances surrounding the fall. Nursing homes must take steps to prevent future falls, such as implementing new safety measures and providing additional training to staff. Reporting the fall to relevant authorities, including the state department of health and the ombudsman program, is also necessary.
Families of the resident have the right to be informed about the investigation and any actions taken to prevent future falls. Transparency and communication are key to ensuring the safety and well-being of nursing home residents.
Statute of Limitations and Possible Damages
All personal injury cases have a statute of limitations. In Pennsylvania, slip-and-fall claims must be filed within two years of the accident date. You may lose a chance to seek compensation or have your case dismissed if you do not file a lawsuit within the stipulated time frame. Damages the injured party can pursue include current and future medical expenses related to the injuries sustained in the accident. It is crucial to pursue financial compensation for victims to cover these expenses and other related damages.
Compensation may also be sought for pain and suffering, lost wages or income due to the inability to work, and any other financial losses directly resulting from the slip-and-fall incident. Again, you need to gather all relevant evidence and documentation to support your claim and maximize the amount you can recover. Hiring a skilled personal injury lawyer can significantly increase your chances of a successful claim and take some of the stress off of your shoulders. An experienced attorney possesses the necessary expertise to navigate the intricate legal landscape, ensuring victims receive fair compensation and properly address their legal rights.
Contact the Talented Pennsylvania Slip-And-Fall Accident Lawyers at RGSG Today
Are you considering pursuing legal action after a slip-and-fall accident in a nursing home? You are more likely to succeed with a reliable personal injury lawyer from Rubin, Glickman, Steinberg & Gifford, P.C. The law firm has served Southeastern Pennsylvania residents for over 65 years, providing exceptional legal representation in personal injury cases. Consulting an experienced attorney is crucial for nursing home fall cases to ensure fair compensation and proper legal rights are addressed.
Our powerful team of RGSG lawyers has over 65 years of experience litigating complex cases, including slip-and-fall accidents in nursing homes. If you or a loved one has been injured in a nursing home slip-and-fall accident, we are ready to review your claim, clarify your legal options, and provide much-needed guidance. A nursing home abuse lawyer can effectively navigate the legal complexities, collect strong evidence, and pursue fair settlements on behalf of affected families. Give us a call at (215) 822-7575 or complete our contact form to take the first step toward seeking justice and securing fair compensation.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
April 7, 2025
