Is the Nursing Home Responsible for a Fall?
If your loved one sustained a fall in a nursing home or other long-term care facility, in all likelihood you will be wondering how the fall happened, and whether the nursing home or facility may be liable. As nursing home fall lawyers, this is also our objective.
Nursing homes have a number of obligations when they accept residents. One of these obligations is to carefully assess residents along a number of aspects, such as their mobility, as well as any other physical limitations they may have, such as their ability to eat solid food. It is important to conduct these assessments at the time a new resident is admitted, as well as after a severe medical event occurs (like a stroke), so that the proper care can be provided.
Was a Mobility Assessment Made for Your Loved One? If So, What Conclusions Were Made?
With respect to mobility, nursing homes should assess the ability of each resident to walk unattended, as well as whether they are able to move on their own for short distances, such as from a bed to a chair. The assessments for some residents will be that they can undertake these activities unattended, while the assessments for other residents will conclude that the resident should always have help getting up or walking.
If an assessment concludes that the resident should always be provided assistance and the resident fell because such assistance was not provided, the nursing home or long-term care facility may very well be liable for the fall.
Updated Mobility Assessment
The health of residents in a nursing home typically declines over time, often as the result of medical events such as a stroke, or as part of the normal aging process. As a result, nursing homes should re-assess the conditions of residents periodically, as well as after a major medical event has been suffered.
As an example, if a resident has a stroke, a re-assessment of the resident’s mobility should be undertaken to see if the resident is able to stand, walk, or move from a chair or bed unattended.
If the nursing home does not undertake re-assessments when it would be prudent to do so, they may additionally be liable when a resident is injured.
How We Work to Determine Potential Nursing Home Liability for Falls
When a resident has suffered a fall in a nursing home, our first task will be to obtain the resident’s medical records to understand their condition and limitations. These records are then reviewed carefully by a medical professional, who will also be able to determine what level of care and assistance the resident should have been provided based upon mobility assessments and their physical condition.
Once this information has been determined, we can then review the circumstances of how the fall occurred, so we can determine if we believe that negligence occurred, and whether the nursing home is liable.
What Happens Next?
If you retain our firm, we will represent you on a contingency fee basis. This means that there will not be any fee for our firm unless and until compensation is obtained through a settlement or award.
Additionally, we will typically advance all costs of litigation after a case is accepted. Normally, there will be many costs incurred as part of the litigation process, such as court costs, expert fees, deposition costs, and other expenses. We believe that clients should not have to pay such costs and fees while their case is proceeding. We advance these costs, and such costs are then subtracted from the proceeds of a settlement or award if a favorable outcome occurs.
Call Us to Get Started with a Free Consultation and Learn About Your Options and the Strength of Your Case
We would look forward to learning about your case. When we have an opportunity to know the facts and circumstances of your loved one’s injuries, we can provide you with our legal assessment of whether we believe that negligence occurred, your options in seeking justice, and how we can help.