Can I Prove My Parent Fell Because of Nursing Home Neglect?

 Posted on December 30, 2024 in Nursing Home Falls

Falls among nursing home residents are the primary cause of injury, hospital admissions, and lawsuits. Falls are also the leading cause of death from injury among those 65 and older, with elderly adults suffering an estimated 29 million falls per year. In fact, about half of all nursing home residents will fall in any given year, leaving some with serious injuries and causing death for others.

Falls often go unreported in nursing homes, which means the elderly person who fell must suffer in silence, while his or her loved ones may not even be told about the fall. Even though falls are common for elderly patients in nursing homes, most falls are preventable. Almost one in three elderly nursing home residents who fall will fall again within a year.

If your elderly parent has suffered a fall while in a nursing home, the fall could be the result of neglect or abuse. It is important that you speak to a knowledgeable Madison County, IL nursing home injury attorney to determine what options you have for pursuing a claim for damages.

What Are the Most Common Reasons for a Nursing Home Fall?

There are many different nursing home issues that could cause an elderly patient to fall. These issues include:

• Inadequate nursing home staffing can lead to a lack of proper supervision. Nursing homes must assess each resident’s risk of falling and then implement procedures and adequate supervision to avoid those falls. When a patient is left unsupervised, he or she can wander around the facility, often leading to a fall.

• Environmental hazards include poorly installed bed rails, no safety rails in bathrooms, slippery floors, loose or torn carpeting, inadequate lighting, items left in walkways, and electrical cords across walkways.

• Elderly nursing home residents often have balance instability, cognitive impairment, poor vision, and weakness in the lower extremities. All of these issues can cause mobility issues and increase the incidence of falls. Reducing mobility through the use of restraints causes further muscle atrophy, resulting in more falls.

• Side effects of medications or medication errors are a common cause of falls in nursing homes. Many drugs commonly prescribed to elderly patients can cause dizziness or balance issues. These drugs include sedatives, sleep medications, and anti-anxiety medications. If a staff member gives a patient too much of one of these medications, falls are even more likely.

• Staff misuse of gait belts can do more harm than good. While gait belts are intended to assist nursing home staff in transferring patients from their bed to a wheelchair, falls can result when gait belts are not used properly. Staff members must be properly trained in the use of gait belts.  

• Illnesses and medical conditions can cause elderly people to fall, including cognitive diseases like dementia and Alzheimer’s, as well as diseases like Parkinson’s, diabetes, arthritis, heart disease, and issues related to nerves, feet, or blood vessels.

Nursing homes have a duty to identify and monitor residents with a high risk of falling. Some interventions can be employed to improve the patient’s strength and mobility. All environmental hazards must be removed from areas where the elderly patients will be, and prescription medications must be carefully monitored to ensure patients are not given more medication than prescribed.

What Are Some of the More Common Injuries Resulting from a Nursing Home Fall?

Falls in nursing homes among the elderly can lead to severe injuries. Elderly patients are frailer than younger patients, with bones that are more brittle. A fall injury can have long-term effects on a nursing home resident’s health, mobility, and quality of life. Some of the more common injuries seen following a nursing home fall include broken bones – particularly broken hips, wrists, and arms.

Fractures and broken bones may require surgery and lengthy rehabilitation, causing long-term complications in many cases. Concussions and head trauma are common injuries from falls, and since many elderly patients are on blood thinners, the risk of an internal brain bleed is significantly increased. Back and neck injuries, along with spinal cord injuries, are also common injuries resulting from a fall. These injuries can result in chronic pain, limited mobility, or even paralysis.

What Kind of Evidence Do You Need to Prove Negligence?

If nursing home negligence contributed to a fall, you may be able to file a lawsuit since nursing homes are responsible for providing a safe environment for residents. When the nursing home fails to provide a safe environment, whether due to lack of supervision, lack of safety protocols, or unsafe conditions, it is liable for resulting injuries.

If the staff fails to properly supervise residents or leaves hazards like cluttered hallways and broken equipment, the facility may be liable for a fall with injuries. The facility could be liable if a resident was not properly supervised or given assistance when needed. Anything involving a lack of proper staffing, lack of supervision, or lack of safety measures can be a legal consideration when suing for a nursing home fall.

You may have photographs showing that there are fall hazards throughout the facility, or you may have information showing the facility is understaffed. Perhaps there have been other incidents that show a pattern of abuse or neglect. You may frequently find your loved one unsupervised with no assistance when needed.

What Damages Are Available Following a Nursing Home Fall Due to Negligence?

If your parent’s injuries from the fall were severe or if the fall resulted in death, you have the right to pursue justice. While money will not change what happened, it can do the following:

• Pay to relocate your loved one to a better facility.

• Cover the costs of all medical treatments related to the fall.

• Pay for rehabilitative therapies that will increase mobility and quality of life.

• Pay for ongoing expenses related to the fall, including any necessary assistive devices.

• Pay for funeral and burial expenses in the event the fall resulted in death.

In addition to monetary compensation, a lawsuit can force a nursing home to make changes so that residents receive better care in the future.

Contact a Cook County, IL Nursing Home Abuse and Neglect Lawyer

If your elderly parent has received serious injuries as a result of a nursing home fall, you need an experienced Chicago, IL nursing home abuse and neglect attorney to help you prove liability and file a claim for damages. If your loved one died as a result of the fall, a wrongful death claim can be filed against the nursing home.

When you choose Schwartz Injury Law, you can expect highly skilled legal services from knowledgeable attorneys. Our clients always talk to a real lawyer, never an impersonal intake service. Call 312-535-4625 today to schedule your free consultation.