South Carolina nursing homes can be liable for falls if they do not take adequate measures to keep residents safe. If you or a loved one lives in a nursing home, you need to know the legal standards, evidence, and your rights.
Our experienced Greenville nursing home abuse lawyer at Bobby Jones Law explains suing a nursing home for a fall.
Are Nursing Homes Liable for Falls?
A nursing home can be liable for a fall if it does not take steps to prevent it. Nursing homes are not strictly liable for every fall that occurs; liability depends on whether the nursing home was reasonable in its efforts to prevent a fall.
Whether the nursing home was reasonable depends on the specific circumstances. Nursing homes are held to high standards because residents depend on these facilities for their safety. To assess liability, it is important to investigate the cause of the fall and evaluate it against these standards of reasonableness.
Why Falls Are Common in Nursing Homes
Falls are common in nursing homes for a variety of reasons:
- Most residents are elderly.
- Residents may have mobility impairment or may be physically fragile.
- They may take medications that affect their balance.
- Limited staffing may result in failing to identify dangerous conditions.
- Individual residents may not receive appropriate safety planning for their situation.
- A resident may not be familiar with the facility or as comfortable as they would be in their home.
- Inadequate lighting, slippery floors, and facility maintenance can create dangerous situations.
The underlying causes of the fall determine liability.
When a Nursing Home May Be Liable
A nursing home may be liable if it fails in its duty of care to a resident. Nursing home falls can result from general negligence or medical malpractice.
General negligence is the duty of the nursing home for the safety and well-being of residents, outside of a medical context. Examples of negligence include:
- Slippery, uneven, or broken floors
- Inadequate lighting
- Broken handrails
- Elevators and escalators that malfunction
- Too much furniture for residents to navigate
- Activities that create a fall hazard
- Inadequate railings or bed heights that create a risk
- Understaffing, so residents can’t get help when they need it
- Crowded areas, not controlling the movement of people
- Doors that open and close in a dangerous way
In a medical context, nursing home falls may occur because of dangerous patient transfer or failing to address patient fall risk.
The steps to pursue a case vary based on the type of case.
What do you need to prove when suing a nursing home for a fall?
When you sue a nursing home for a fall, you must prove:
- The nursing home had a duty of care to the patient.
- The home failed to meet its duty of care, allowing an unsafe condition to occur.
- Because of the failure, the fall occurred.
- Damages resulted from a physical injury or other harm.
In a medical malpractice case, the plaintiff must explain the prevailing standards of medical care.
Key Evidence To Prove Facility Negligence
Evidence to prove facility negligence for nursing home fall liability may include:
- Site inspection
- Resident testimony, employee testimony
- Care and maintenance records
- Photographs of the accident scene
- Injury photographs
- Broken devices and other tangible items
- Facility design and function
- Accident reconstruction and recreation
- Reports of similar incidents
- Surveillance video
An attorney can help you identify and present evidence in your case.
State and Federal Regulations That Apply
Nursing homes are regulated at both the state and federal levels. These regulations cover many aspects of resident life and care.
Regulations set rules for actions that nursing homes must avoid. They define resident rights. These safety violations can also pertain to nursing home fall compensation claims.
What Compensation You May Be Entitled To
You may be entitled to financial losses and personal suffering and may claim compensation for:
- Increased medical bills
- Rehabilitation, medical equipment, and personal care expenses
- A longer stay in the nursing home facility
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
The amount of compensation depends on the resulting harm. The victim must identify their losses.
How can you sue a nursing home for a fall?
To sue a nursing home for a fall, you begin by filing a summons and complaint. The complaint should summarize the relevant facts and outline the reasons for nursing home liability. These documents must be filed in the appropriate court that has jurisdiction over the case. After filing, you serve the documents to the nursing home. Once that is done, the court will initiate legal proceedings.
Where do you file a Greenville, SC, nursing home lawsuit claim?
Most Greenville, SC, nursing home lawsuit claims will be filed in the Greenville County Circuit Court of Common Pleas (Civil). Circuit Courts hear civil claims seeking higher dollar amounts, while Magistrate’s Courts hear civil claims for lower dollar amounts. The 13th Circuit Court includes both Greenville and Pickens Counties.
In addition to the Greenville Circuit Court, a case may be filed in federal court or another state court, depending on where the person is injured, ownership of the facility, or other factors. A lawyer can help you determine the best place to file the case.
Greenville, SC Nursing Homes
There are dozens of nursing homes and skilled nursing facilities in Greenville, SC. According to the U.S. News, there are 36 nursing homes in the local area. These facilities, which include faith-based organizations, have a variety of ownership structures and vary in medical focus and level of independence.
About 15% of the Greenville, SC, population is age 65 and older. For these seniors and their families, nursing home safety is extremely important.
Contact an Experienced Greenville Nursing Home Abuse Lawyer
If you or a loved one has been injured in a fall, we invite you to contact an experienced Greenville nursing home abuse lawyer. Understand if the nursing home is liable for a fall in your case, what’s involved in bringing a claim, and what the value of your claim may be.
There is no cost or obligation to contact our law firm. Call or message Bobby Jones Law today.
