One of the greatest dangers for a nursing home resident is falling, which can result in injury and pain. It can limit mobility and cause anxiety. There may be numerous medical bills and other expenses.
Are nursing homes liable for falls in Greenville? From our experienced Greenville nursing home abuse lawyer at Bobby Jones Law, here’s what South Carolina law says.
Why Falls Are Common in Greenville Nursing Homes
About 25% of senior adults fall each year. Approximately 37% of seniors who fall seek medical attention or restrict their activities as a result of the fall.
Seniors living in nursing homes have higher fall rates than those living in other settings. In fact, one study reports that up to 43% of nursing home residents fall each year, nearly double the rate of the general senior population.
There are several reasons that falls may be especially common in Greenville nursing homes, including:
- Environmental factors. Residents may not be as familiar or comfortable in the facility environment as they were in their home.
- Facility design/maintenance. A facility may have inadequate lighting or lack handrails. A state of disrepair may result in uneven flooring. A spill or cleaning product may make the floor slippery.
- Care. Staff members may not be available to assist residents. They may respond slowly to requests for help. Care providers may be inadequately trained to assist residents.
- Resident vulnerability. Nursing home residents may be especially vulnerable to falls due to medical conditions and medications. They may lack strength or balance or have impaired vision.
- Lack of safety planning. A fall may be prevented by mobility aids, such as a walker, wheelchair, or scooter. Adequate footwear can help. Failing to address the individual’s situation can increase the likelihood of a fall in a Greenville nursing home.
When a Nursing Home Is Legally Liable for a Fall
A nursing home is legally liable for a fall if it was negligent, and the negligence caused the fall.
Negligence is a legal term, meaning that the nursing home didn’t do enough to protect the resident from harm.
Whether the nursing home was negligent is a question of reasonableness. Did the nursing home take reasonable steps to prevent the fall? Did they do enough to protect the resident’s safety? The nursing home isn’t necessarily liable for every fall. Liability hinges on whether negligence occurred and whether it resulted in resident harm.
For a nursing home’s legal liability for a fall, there must be:
- Duty of care. Nursing homes have a duty of care for their residents.
- Negligence. There is a breach of the duty of care.
- Fall. The resident falls.
- Causation. The nursing home’s negligence is what causes the fall.
- Damages. The victim suffers physical injury and other losses.
Negligence is a flexible standard and depends on the circumstances. There may be one factor that caused the fall, or multiple factors that contributed to it. What’s negligent in one situation may be reasonable in different circumstances.
Bobby Jones Law represents nursing home fall victims in Greenville, SC. We can evaluate your case to determine whether the nursing home is liable for a fall.
South Carolina Regulations on Fall Prevention
Nursing homes in Greenville, SC, are regulated. These regulations come from the State of South Carolina and from the United States federal authorities.
Because of their age, most nursing home residents are Medicare recipients. To receive Medicare funds, nursing homes must follow guidelines and regulations. Federal regulations say that residents have the right to be free of abuse, neglect, and exploitation. The regulations define neglect as the failure to provide goods and services to a resident as necessary to avoid physical pain, mental anguish, or emotional distress. Facilities must develop and implement policies to prevent neglect.
The regulations address fall prevention. For example, each resident must have a written assessment and individual care plan. The plan must be updated regularly and as changes require. Each assessment should evaluate the level of assistance the person requires and their health care needs.
These regulations can serve as a guide to the care standards that nursing homes should meet.
See more:
Federal and State Regulations on Fall Risk Management
Requirements for States and Long-Term Care Facilities
Steps To Take After a Loved One Is Injured
When a loved one is injured in a nursing home fall, there are crucial steps to follow:
- Immediate response. If the person may have head or neck trauma, it may be best not to move them until help arrives. Seek direction from nursing home staff or emergency responders.
- Medical help. Seek medical care as appropriate, including emergency or urgent care.
- Report. Report the accident to the nursing home. Follow up the verbal report with a written report. Ask for a copy.
- Document details. Evaluate the accident scene for things that may have contributed. Take photos of the scene and injuries. Identify witnesses.
- Care plan. Review the care plan. Update it to minimize the risk of future falls.
- Make reports. If necessary, investigate How to Report Nursing Home Abuse in South Carolina.
- Follow up. Make sure that the person receives medical care and that the nursing home provides the necessary support going forward.
Remember that injuries may be more serious than they initially appear. Prompt medical attention may be necessary to identify internal injuries and learn how to monitor the resident in the days ahead.
An attorney can work to preserve evidence, including requesting video, nursing home activity records, witness statements, incident reports, and other information. Don’t wait to contact a lawyer.
Suing a Nursing Home for a Fall
When a resident is injured in a nursing home fall, they may be eligible for compensation. The process to receive compensation is a lawsuit.
You may worry about the burden of the legal process, but an attorney can represent you through the entire case. Bobby Jones Law prepares every single case to be ready for trial. Nursing homes often have sophisticated corporate structures that seek to hide and shelter assets. Having an experienced nursing home lawyer in your corner is critical to making sure the proper parties and defendants are named in the lawsuit. While the outcome of your case is never guaranteed, a lawyer can manage the claim on your behalf.
Contact an Experienced Greenville Nursing Home Abuse Lawyer
If you or a loved one is injured in a nursing home fall, we invite you to contact Bobby Jones Law. Talk to an experienced Greenville nursing home abuse lawyer about what happened. See if you have a claim for financial compensation. Learn how a lawyer may help.
Bobby Jones Law is taking new cases. Call or message us now.
