What to Do if Your Loved One Falls in a Nursing Home

Nursing Home AbuseReports | 11/09/24

Placing a loved one in a nursing home can be an emotional decision, often made with the hope of providing them with a safe and supportive environment. Unfortunately, falls in nursing homes are a common occurrence, and they can lead to severe injuries, prolonged recovery times, and increased health complications.

If your loved one falls in a nursing home, you should know what steps to take to ensure their safety, well-being, and legal rights. Families should understand what to do if their loved one falls, how to document the incident, and the importance of contacting a nursing home injury lawyer for legal assistance.

Understanding the Risks of Falls in Nursing Homes

Falls are one of the leading causes of injury in nursing homes. According to the Centers for Disease Control and Prevention (CDC), approximately 1 in 4 older adults experience a fall each year, with many resulting in serious injuries such as fractures, head trauma, and even death. The risks of falling in a nursing home can be attributed to several factors, including:

  • Physical Limitations: Many residents may have mobility issues due to age, illness, or disabilities, increasing their risk of falling.
  • Poorly Maintained Facilities: Hazards such as wet floors, poor lighting, uneven surfaces, and clutter can create dangerous conditions for residents.
  • Inadequate Staffing: If nursing homes are understaffed, residents may not receive the necessary assistance with mobility and daily activities.
  • Medications: Some medications can cause dizziness, drowsiness, or impaired balance, further increasing the likelihood of falls.

Understanding these risks is the first step in advocating for your loved one’s safety and well-being. It can also help identify the causes of your loved one’s fall and show how the nursing home is liable for their injuries.

Common Injuries from Nursing Home Falls

Falls in nursing homes are a common and serious issue that can lead to significant injuries, especially for elderly residents. Some of the most common injuries resulting from nursing home falls include:

  • Fractures: Broken bones are frequent in nursing home falls, particularly hip, wrist, and arm fractures. The elderly are more vulnerable to fractures due to decreased bone density, making even minor falls potentially dangerous.
  • Head Injuries: Traumatic brain injuries (TBIs), including concussions, can result from falls. Older adults are at higher risk for severe head injuries due to frailty, and even a mild head injury can lead to complications like brain bleeds or cognitive decline.
  • Spinal Cord Injuries (SCI): Falls can result in damage to the spine, leading to limited mobility, chronic pain, or even paralysis in severe cases.
  • Cuts and Bruises: Although less severe, cuts and bruises can be painful and affect mobility. Infections may also develop from open wounds, posing additional risks for elderly residents.
  • Soft Tissue Injuries: These include sprains, strains, and muscle tears that may cause chronic pain and limit movement.

Families may have grounds for a legal claim to seek compensation if a nursing home resident falls due to negligence. The amount of compensation they can receive often depends on the severity of the resident’s injuries.

Steps to Take After a Fall

If your loved one has fallen in a nursing home, immediate action is critical. While it’s unlikely you will be present if they fall, there are still many steps you can take to help. Follow these steps to ensure their safety and address any potential legal claims.

Document the Incident

Documentation is critical to understanding the circumstances surrounding the fall and will be essential if you decide to pursue legal action. Here are some ways to document the incident:

  • Write Down the Details: As soon as possible, write down everything you remember about the incident or remember your loved one telling you, including the date, time, and location of the fall, as well as any witnesses present.
  • Take Photos: If possible, take pictures of the scene where the fall occurred, including any hazards (like wet floors or obstacles) that may have contributed to the incident.
  • Request Incident Reports: Ask nursing home staff for a copy of the incident report. Nursing homes are required to document falls and other significant events, and you should have access to this information.

Seek Medical Attention

Even if your loved one seems fine after the fall, seeking medical attention is essential. Some injuries, such as fractures, internal bleeding, or concussions, may not be immediately apparent. A healthcare professional should perform a thorough examination to identify any injuries that may require treatment.

Monitor Your Loved One

After the fall, monitor your loved one closely for any changes in their condition. Look out for:

  • Increased pain or discomfort
  • Changes in mobility
  • Confusion or disorientation
  • Signs of bruising or swelling

If any concerning symptoms arise, seek medical attention promptly.

Understanding Nursing Home Liability

Nursing homes have a legal obligation to provide a safe environment for their residents. This includes taking reasonable steps to prevent falls and responding appropriately when they occur. The nursing home may be liable for the injuries if your loved one falls due to negligence or unsafe conditions.

Common Forms of Negligence

Several forms of negligence may contribute to a fall in a nursing home, including:

  • Lack of Proper Supervision: Nursing homes must ensure that residents receive adequate supervision, especially those at high risk for falls. If staff members are not monitoring residents appropriately, this may be considered negligence.
  • Failure to Maintain Safe Conditions: Nursing homes must regularly inspect and maintain the facility to eliminate hazards. They may be held liable if they fail to address known dangers (like loose carpeting or poor lighting).
  • Inadequate Staff Training: Staff members should be trained to assist residents safely and recognize fall risk factors. If a nursing home does not provide sufficient training, they may be liable for resulting injuries.
  • Improper Medication Management: Nursing homes must monitor residents’ medications and their side effects. If a fall occurs due to improper medication management, this may be grounds for a negligence claim.

Proving Negligence

To establish that a nursing home is liable for your loved one’s injuries, you must prove the following:

  • Duty of Care: The nursing home had a legal obligation to provide a safe environment for residents.
  • Breach of Duty: The nursing home failed to meet this obligation, leading to unsafe conditions or inadequate supervision.
  • Causation: The breach of duty directly caused your loved one’s fall and subsequent injuries.
  • Damages: Your loved one suffered injuries and financial losses as a result of the fall.

When you hire a nursing home accident attorney to handle your claim, they will take steps to build your case and prove each one of these elements. In essence, they must have convincing evidence that the nursing home is responsible for your loved one’s fall and that your loved one suffered injuries and damages due to the fall.

Contacting a Nursing Home Injury Lawyer

Navigating the aftermath of a fall in a nursing home can be challenging, especially if your loved one is dealing with injuries. A nursing home accident attorney can provide valuable support and guidance.

Why Hire a Lawyer?

  • Experience in Nursing Home Laws: A lawyer with experience in nursing home injury cases understands the relevant laws and regulations that govern nursing homes on the federal and state levels. They can help handle the complexities of your case.
  • Investigation and Evidence Gathering: A lawyer can thoroughly investigate the incident, gathering evidence and witness statements to support your claim. This includes obtaining medical records, incident reports, and scene photographs.
  • Negotiation with Insurance Companies: Nursing homes typically have insurance policies to cover liability claims. A skilled lawyer can negotiate with the insurance company on your behalf, ensuring you receive a fair settlement.
  • Litigation Management: If negotiations do not yield a satisfactory outcome, your lawyer can file a lawsuit and represent you in court. Having legal representation can significantly increase your chances of success in court.

Initial Consultation

Most nursing home injury lawyers offer free consultations, allowing you to discuss your case without financial risk. During this initial meeting, be prepared to provide:

  • Details about the incident and your loved one’s injuries
  • Any documentation you have gathered (like incident reports or photographs)
  • Information about the nursing home, including its history and reputation


Your lawyer will evaluate your case and help you determine the best course of action. If they recommend pursuing a claim and potential future legal action, many of them work on contingency fees. With this type of fee arrangement, you will owe them nothing until they obtain compensation on behalf of your loved one. Once they do, the fees are subtracted from the settlement. Contingency fees allow injured parties to get the legal help they need without having to have money upfront.

What to Expect in a Nursing Home Injury Case

While every case is unique, understanding the general process can help prepare for what lies ahead. Here’s what to expect when pursuing a nursing home injury claim:

Investigation

Once you hire a lawyer, they will begin an investigation into the incident. This may include:

  • Reviewing medical records
  • Collecting witness statements
  • Obtaining surveillance footage, if available
  • Analyzing incident reports and safety protocols at the nursing home

Demand Letter

After gathering sufficient evidence, your lawyer will draft a demand letter to the nursing home or its insurance company, outlining your case and the compensation you seek. This letter will include:

  • Details of the fall
  • Evidence of negligence
  • A calculation of your damages, including medical expenses, lost income, and pain and suffering

Negotiation

Negotiations will commence following the demand letter. The nursing home or its insurer may accept your demand, counteroffer, or deny liability. Your lawyer will represent your interests during these discussions, advocating for a fair settlement.

Filing a Lawsuit

If negotiations are unsuccessful, your lawyer may recommend filing a lawsuit. This process involves:

  • Drafting a complaint detailing your case and the damages sought
  • Filing the complaint in the appropriate court
  • Serving the nursing home with legal papers

Discovery

After filing the lawsuit, both parties enter the discovery phase, where evidence is exchanged, and witnesses are deposed. This process can be lengthy but is imperative for building a solid case.

Trial or Settlement

Most nursing home injury cases are settled before reaching trial. However, your case may go to trial if a fair settlement cannot be reached. Both sides present their evidence during the trial, and a judge or jury will determine the outcome.

Understanding the Potential Compensation

If your loved one’s case is successful, they may be entitled to compensation for various damages, including:

  • Medical Expenses: Reimbursement for current and future medical bills related to the fall.
  • Lost Income: Compensation for any income lost due to the inability to work during recovery.
  • Pain and Suffering: Financial compensation for physical and emotional distress caused by the fall.
  • Emotional Distress: Compensation for the fall’s psychological impact on your loved one and their family.
  • Punitive Damages: In cases of egregious negligence, punitive damages may be awarded to punish the nursing home and deter similar behavior in the future.

Seek Legal Help After a Nursing Home Fall

If your loved one falls in a nursing home, it can be a traumatic experience with severe consequences. Understanding the steps to take, documenting the incident, and seeking legal advice are critical to ensuring their safety and protecting their rights.

If you suspect that negligence contributed to your loved one’s fall, don’t hesitate to contact a nursing home injury lawyer. They can provide you with the guidance and support necessary to navigate this challenging situation and advocate for the compensation your loved one deserves. Together, you can work towards holding the nursing home accountable for its actions and securing the justice and compensation necessary for your loved one’s recovery.

Take action today to ensure your loved one receives the justice they need and deserve. Contact a skilled nursing home accident attorney for a free consultation to discuss your case and explore your legal options. During a consultation, the attorney will assess the strength of your case. They will review medical records, incident reports, and any other evidence to determine if negligence played a role in the fall. Call today, someone is standing by to help.

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