Do nursing homes have fall prevention plans?

Fall prevention is critical to ensuring the safety and well-being of nursing home residents. While accidents can happen anywhere, nursing homes are responsible for implementing comprehensive fall prevention plans to minimize the risk of falls and protect their residents. Unfortunately, not all nursing homes prioritize fall prevention, leading to accidents and injuries.

Although a resident in declining health may have mobility challenges, their condition does not mean they have to fall; there are steps that a nursing home should take to protect them. Not only do nursing homes have to ensure that the overall environment is safe for all of their residents, but they must also work to ensure that each person is safe from their unique fall risks. Accordingly, nursing homes should have a tailored fall prevention plan for each resident at risk of a fall, follow this plan at all times, and adjust it as necessary.

Nursing homes do not always follow their obligations, and in many cases, their lack of attention to detail and compliance with regulations can lead to serious injuries. When that happens, your family can file a lawsuit against the nursing home, leading to financial compensation. You need to contact a nursing home abuse lawyer to discuss your case and learn about your family’s legal rights.

When you hire a nursing home abuse attorney, they will assess the circumstances surrounding your loved one’s fall and determine if negligence or misconduct played a role. They will investigate the nursing home’s fall prevention policies and procedures, review medical records, and consult with expert witnesses if necessary. Armed with this information, they can build a strong case on your behalf.

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Nursing Homes Must Protect Their Residents from Hazards

Nursing homes should take specific measures to protect residents from hazards when it comes to falls, and these obligations begin as soon as a resident moves into the nursing home. The facility must assess the resident’s health and situation and determine whether they are at risk of falling. Most residents are a fall risk, and the nursing home must act accordingly.

Nursing homes can act to minimize falls by providing a well-lit environment that is free and clear of hazards. They can regularly inspect residents’ rooms and passageways to ensure they are free of fall dangers and implement safety measures such as handrails, non-slip flooring, and adequate lighting. The nursing home can also increase staff to properly supervise residents and ensure they are not alone for an extended period.

Fall Protection Plans Need to Fit the Resident’s Needs

The nursing home’s plan cannot be a one-size-fits-all blueprint that applies to every resident. Instead of more general measures, the fall prevention plan should contain specific steps that the nursing home must take to protect a resident in light of their unique health condition and circumstances.

A fall prevention plan will include things like the following:

• Rehabilitation and exercise for the resident to build their strength and balance
• Extra monitoring of the resident’s prescriptions that may affect their balance and ensuring to watch them when they are taking these medications
• Special adaptive equipment for the resident to help them with their mobility
• Educating and training the specific staff who work with the resident about their needs and weaknesses
• Assessing the needs that the resident requires (such as incontinence making them more likely to need assistance to use the toilet)
• Reviewing their fall history and understanding what may have caused the resident to fall in the past

The nursing home must make an individualized assessment for each resident, periodically review this assessment, and amend it as the resident’s health situation changes. If the resident has a fall despite the plan, the nursing home must make additional changes to the fall prevention plan to prevent the problem from happening again.

Nursing Homes May Not Have or Follow a Fall Prevention Plan

The nursing home must have a fall prevention plan if the resident’s condition warrants it. However, the facility may have an outdated one or none at all. Nursing homes often fail to follow their obligations closely. Whether careless or simply trying to cut corners wherever they can, their lack of safety vigilance can put a resident’s health at risk.

If you discover that a nursing home does not have a fall prevention plan, it is essential to take immediate action. Start by expressing your concerns to the facility’s management and ask for clarification on their safety protocols. This conversation should include questions about staff training, environmental modifications, and monitoring systems that help prevent falls.

Staffing Levels Often Lead to Nursing Home Negligence

Understaffing is the most common threat to resident safety because hiring staff is a nursing home’s most significant expense. These facilities operate to make a profit, and their owners often earn large sums of money each year. They try to keep as much of the reimbursement they get from Medicaid while avoiding spending money to make a significant profit.

Nursing homes often economize on staff to maximize their profits. They try to have the minimum amount of staff possible, and frequently, their staffing levels fall below accepted levels. The federal government has recently issued rules about minimum staffing levels for nursing homes, but these rules may not hold due to recent changes in the administration.

Understaffing means there are not enough staff members to help residents with their daily functions. Nursing home residents may remain unsupervised for extended periods and eventually try to get up independently. Even if there is staff to tend to the residents, they lack the training to follow any fall prevention plan. The nursing home may have new staff members without the proper orientation to move or assist residents.

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Fall Prevention Plans Are Always an Issue in Nursing Home Lawsuits

If a nursing home resident has suffered an injury in a fall and the family either sues or complains about neglect, the fall prevention plan will be one the first things they request and review. Not only is it essential that the nursing home has a fall prevention plan, but it should also have amended the plan to reflect the circumstances, such as a change in the resident’s health.

Above all, juries and regulators will want to see that a nursing home has followed the fall prevention plan for the particular resident. In many cases, the resident’s fall was a direct result of the nursing home either ignoring or failing to implement the fall prevention plan properly. It may have consciously disregarded the plan or never even had one.

The State May Investigate Your Loved One’s Fall Injury

Suppose you have filed a nursing home abuse complaint (which is likely in your family’s best interests because you will have an additional investigator who the nursing home cannot stonewall). In that case, the inspectors will gather information about what happened to your loved one and determine whether the nursing home was at fault for the fall.

The inspectors can perform a specific complaint investigation of the incident and issue a fine or citation. However, even though nursing homes must promptly report the complaint to the state, there is no specific timetable for investigation. Thus, you should have a nursing home abuse attorney also learn more about what happened and gather potential evidence.

You Can File a Nursing Home Negligence Lawsuit for a Fall Injury

When the nursing home has failed to live up to the duty of care that it owes to your loved one, your family can hold it legally responsible in a nursing home abuse lawsuit. If nursing homes either do not have a proper fall prevention plan or take the appropriate steps to implement the one in place, it is a breach of the duty of care. Reasonable nursing homes follow federal regulations and act to protect their residents from harm.

To be clear, it is not automatically negligence every time that your loved one has fallen in a nursing home. There are times when accidents happen, and the nursing home is not to blame because your loved one has fallen. You must have evidence that proves that the nursing home did something wrong in the circumstances that surrounded your loved one’s fall. It is not always easy to gather the proof you need for your case, especially when your family member cannot speak for themselves, and the nursing home is not forthcoming with information.

You Need Documentation to Win a Nursing Home Negligence Lawsuit

Your nursing home abuse attorney will work to document the circumstances surrounding the fall and help you file a lawsuit if they can determine that the nursing home was negligent. They will build your case while the lawsuit progresses by obtaining evidence from the nursing home during the discovery process.

Potential sources of evidence in a nursing home neglect lawsuit may include:

• Medical records that show your loved one’s health condition and why the nursing home needed a fall prevention plan
• The actual fall prevention plan that the nursing home had
• Photographs or video evidence of what happened at the nursing home
• Visual documentation of the environment in the nursing home
• Interviews with witnesses who were familiar with the environment (your nursing home abuse lawyer can question individual employees under oath about what they saw and did at the time)

How to File a Nursing Home Lawsuit

Your family should contact a nursing home abuse attorney after you learn that your loved one suffered an injury. Your nursing home abuse lawyer will investigate the incident, gathering evidence to help prove your case. Your nursing home lawsuit will begin when your attorney files a legal complaint on your family’s behalf. At that point, the nursing home will decide whether to defend against your lawsuit. If it does, it will file an answer to your complaint and begin contesting your case.

You can expect the nursing home abuse lawsuit to take considerable time, as any lawsuit can take years to complete from start to finish. In many cases, your nursing home abuse lawsuit will result in a settlement agreement before your case goes to trial. However, the nursing home’s insurance company will determine whether it wants to settle the case or fight you in the courtroom before a judge and jury.

Hire a Nursing Home Abuse Lawyer as Soon as Possible

It is best to contact a nursing home abuse lawyer as soon as possible after your loved one has suffered an injury. An attorney experienced in nursing home fall cases can help you handle all aspects of the legal process, from filing the necessary paperwork to negotiating with the nursing home’s insurance company. They will fight for your loved one’s rights and work towards securing the compensation they deserve for medical expenses, pain and suffering, and any ongoing care or support they may require.

Time is of the essence when it comes to nursing home fall cases. There are statutes of limitations that limit the amount of time you have to file a claim. It is essential to consult with an attorney as soon as possible to protect your loved one’s rights and ensure they receive the justice they deserve.

If your loved one has suffered a fall in a nursing home, it is crucial to seek the assistance of an attorney. They can hold the facility accountable for their negligence and ensure your loved one receives the compensation they deserve. Do not hesitate to contact a knowledgeable personal injury lawyer, as they can be your advocate and guide you through this challenging time.

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Nathan Hughey

Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $220 million in verdicts and settlements.