At The Law Offices of John M. McCabe, we hold a firm belief in the right of every senior to be treated with dignity, respect, and exceptional care in nursing homes. It is heartrending when we see this principle violated, especially when negligence results in avoidable falls in nursing homes. This is a pressing issue for our elderly population and their families, and we strive to help you understand the problem, its causes, the nursing home's responsibilities, and your legal options.
As individuals age, their risk of experiencing a fall increases significantly due to a variety of factors. Unfortunately, for seniors living in nursing homes, the situation is especially critical. The Centers for Disease Control and Prevention (CDC) estimates that each year, an average of 100 to 200 falls are reported in a nursing home housing 100 residents. What's more concerning is that these figures represent only the reported cases. Many incidents go unreported, making the actual numbers potentially far higher.
Several factors contribute to the high frequency of falls in nursing homes. Physical factors like:
Environmental hazards in the nursing home, such as:
can also lead to falls in nursing homes. Additionally, certain medications or improper medication management can cause dizziness or disorientation, increasing the fall risk.
After a fall in a nursing home, several injuries can occur, often due to the vulnerable nature of elderly individuals. Some common injuries that may result from a fall in a nursing home include:
Falls can lead to fractures, especially in areas such as the hips, wrists, arms, and ankles. Hip fractures are particularly common and can be severe, requiring surgical intervention and prolonged rehabilitation.
Falls can cause head injuries ranging from minor bumps and bruises to more severe traumatic brain injuries (TBIs). Head injuries can lead to concussions, skull fractures, intracranial bleeding, or brain contusions.
These include sprains, strains, and bruises. Ligaments, tendons, and muscles may be stretched or torn, leading to pain, swelling, and limited mobility.
Falls can result in injuries to the back and spine, such as vertebral fractures or herniated discs. These injuries can lead to significant pain, nerve damage, and impaired mobility.
Falls can cause cuts and abrasions, especially if there are sharp objects or furniture nearby. These injuries can range from minor lacerations to deeper wounds requiring stitches or surgical intervention. If medical treatment is denied, these cuts could lead to severe infections.
Apart from physical injuries, falls can also cause emotional trauma and psychological distress, leading to fear of falling again, decreased self-confidence, and anxiety. Emotional trauma can negatively impact an individual's overall well-being.
It's important to note that falls in nursing homes are considered preventable incidents, and appropriate measures should be taken to minimize the risk of falls and subsequent injuries. This may include regular assessments of residents' mobility and balance, adequate staff supervision, environmental modifications, and individualized fall prevention strategies.
Nursing homes have a legal obligation to provide a safe and healthy environment for their residents. They should assess each resident's risk for falling and implement personalized fall prevention strategies. These measures might include physical therapy, appropriate medication management, adequate supervision, and maintenance of a safe environment.
If a nursing home fails in these duties and a resident suffers a fall injury as a result, the facility may be held liable. This is where the expertise of an experienced nursing home abuse lawyer is invaluable.
At The Law Offices of John M. McCabe, we have significant experience in handling cases of nursing home negligence, including fall injuries. If you or your loved one has suffered a fall in a nursing home, we will meticulously examine the circumstances surrounding the incident. If negligence is found, we will fight passionately to ensure that justice is served and that you receive the nursing home abuse lawsuit settlement you deserve.
We understand that no monetary award can truly compensate for the physical and emotional trauma caused by such an event. However, a successful legal action can cover medical expenses, provide for future care needs, and act as a deterrent, encouraging nursing homes to implement safer practices. Learning how to spot elder abuse is also a great way to be proactive in caring for your loved one.
An elder law attorney at our firm works on a contingency basis. A contingency fee basis means we do not charge you anything unless we win a settlement in or out of court. This fee structure ensures we work hard for your case and that you don't have even more out-of-pocket expenses during a stressful time.
Falls in nursing homes are a serious and pervasive issue. If your loved one is a resident in a nursing home, it's crucial to be vigilant and proactive in ensuring their safety. If you suspect negligence, don't hesitate to seek professional legal advice.
Remember, at The Law Offices of John M. McCabe, we are committed to standing up for the rights of nursing home residents. Your trust in us is not taken lightly, and we pledge to relentlessly advocate on your behalf, holding those responsible to account.