A nursing home can be legally liable for inadequate fall prevention. Failing to assess individual needs, a history of falls, or ignoring dangers can make the facility liable. A victim or their family may bring a legal claim for accountability and financial compensation.
Our experienced Greenville nursing home abuse lawyer at Bobby Jones Law explains fall prevention in nursing homes and whether you may have a lawsuit.
Why Fall Prevention Is Critical in Elder Care Settings
A study published in the Journal of the American Medical Informatics Association says that falls are among the most harmful accidents that can happen in a nursing home. They are also common. Approximately 11% of nursing home residents fall each year, and 5.3% of residents will be injured by a fall each year.
The Office of Inspector General says that nursing home fall injuries are often preventable. Approximately 43% of nursing home falls, causing major injury and hospitalization, go unreported for Medicare-enrolled residents. For-profit homes and large homes are the least likely to properly report falls.
Fall prevention is critical in elder care settings because falls can be devastating for seniors. The CDC says that three million seniors visit the emergency room each year due to a fall, and one million of them are hospitalized. The CDC also says that 83% of hip fracture deaths among seniors are related to falling.
Common Causes of Preventable Falls in Nursing Homes
Here are some common causes of patient falls in nursing homes.
- Failure to accurately identify those at risk
- Failure to assess risk factors and needed mobility support
- Not meeting identified needs
- Ineffective monitoring
- Lower body weakness, poor balance
- Nutritional deficits, low Vitamin D
- Poor vision, bad lighting
- Improper footwear
- Uneven steps, clutter, and rugs in the facility
- Lack of railings, broken railings
- Personal mobility devices in disrepair
- Slippery flooring
- Sliding doors that close quickly or malfunction
- Sedatives, tranquilizers, pain relief, and other medications that may impact perception, awareness, and balance
- Crowded areas, furniture too close together
Factors contributing to a fall may be individual in nature, such as health issues. They may be environmental, like the upkeep of the nursing home. Staff actions may also contribute to a nursing home fall.
Importance of facility fall risk assessment
A fall risk assessment identifies and reduces a person’s unique risk of failing. In addition, it can maximize activity and independence. A fall risk assessment is an important part of a care plan for each resident. An evaluation should consider previous falls, personal activies, medical conditions and medications. It should involve physical testing. It should recommend medical interventions, physical therapy and activity modification, as appropriate.
It’s important to regularly update a person’s fall risk assessment. A person’s medical, physical and environmental circumstances change over time. For example, a patient may start in the independent wing of a facility. As their health changes, the risk of fall may increase. Regular assessments facilitate early intervention, reducing the risk of fall.
Federal and State Regulations on Fall Risk Management
Nursing homes are heavily regulated at the state and federal levels. South Carolina Regulation 60-17 applies to nursing homes. Regulations are directly and indirectly aimed at preventing falls in the elderly in nursing homes, including:
- Uncluttered facility and grounds
- Compliance with building codes
- Facility design and maintenance
- Lighting, design of common areas
- Handrails on at least one side of each corridor, guardrails in walkways and recreational areas
- An individual care plan for each resident
- Medical record maintenance, medical history at the time of admission
- Management of recreational activities
- Staff qualifications and training
- Incident recording and reporting
In addition to South Carolina nursing home regulations, the Nursing Home Reform Act (NHRA) of 1987 and federal regulations Part 483 govern nursing home fall risk nationwide. Facilities must comply with federal regulations to participate in Medicare and Medicaid programs.
42 C.F.R. Part 483, Subpart B, includes several regulations to prevent falling. For example, § 483.20(b) requires a nursing home to conduct a resident assessment of needs, strengths, goals, life history and preferences. The facility must use the CMS resident assessment instrument. Residents must be assessed quarterly, and record keeping is required. § 483.20(c),(d).
In addition, § 483.25(c) requires the facility to promote resident mobility with services, equipment and assistance to maintain maximum practical indepdence.
The Center for Medicare & Medicaid Services (CMS) inspects and enforces facility regulations including those related to fall assessment and prevention.
How To Prove Negligence in a Nursing Home Fall Lawsuit
When a fall occurs in a nursing home, it may be the result of negligence. The nursing home may have failed to keep the resident safe. The person seeking compensation must prove that negligence occurred.
The cause of a fall isn’t always obvious. Maybe it’s clear that a wheelchair malfunctioned, but it’s hidden in the records that the wheelchair wasn’t inspected or updated when it should have been. Perhaps it’s evident that the person fell while trying to walk to the dining area, but an investigation will reveal that the nursing home was chronically short-staffed during meal times.
Bruises may be a sign of broken blood vessels under the skin from a fall. Bruising may appear as black and blue marks on the skin. The skin may change to a green-yellow color while healing. In addition, a fall can be the reason a resident complains about a specific area of the body. When a resident is diagnosed with an acute fracture by an outside agency, an unreported fall may have occurred. Recognizing these and other indicators can be a critical step in proving negligence in a nursing home lawsuit.
You can’t count on the facility to be honest about the cause of the injury. Don’t assume that they will conduct a thorough investigation to determine underlying causes.
You may request your own records. You can also use the legal process to review facility records. You may conduct inspections and work with experts to explain events. A Greenville nursing home abuse lawyer can assist you in building the evidence to prove negligence.
The Role of Staffing Levels and Supervision Failures
Staffing and supervision may be an underlying factor in a fall. Low staffing levels can mean:
- Staff members are not available to respond to an urgent situation.
- Residents don’t have help to walk to meals, go to the bathroom, or attend recreational activities.
- Infrequent interactions such that staff members do not notice a change in a resident’s health.
- The facility may fall into disrepair, which may contribute to a fall.
- Non-urgent matters may not be completed because staff members are overwhelmed with day-to-day tasks.
You may show what staffing levels were at the time of injury and explain how staffing levels were inadequate. Regulations that impose staffing minimums may be relevant to your claim.
Damages You May Be Entitled to After a Fall Injury
If you are injured in a fall at a nursing home, you may be entitled to monetary damages and pain and suffering compensation. Monetary damages pay for financial losses like increased medical bills and damaged property. Pain and suffering is for physical pain, mental anguish, and diminished quality of life due to the fall. If a fatality results, surviving family members may claim wrongful death compensation.
What To Do If Your Loved One Was Injured in a Nursing Home Fall
If your loved one was injured in a nursing home fall, help them receive urgent medical attention. Save information you have, like medical treatment records, items of clothing, and personal items that were involved. Take photos of where the fall occurred, if possible. Report the fall to the facility. Ask for a copy of the incident report. Ask your loved one for everything that they can remember about the fall. Ask them if anyone witnessed the fall and who their regular caregivers are at the facility. Contact a lawyer as soon as possible.
Contact an Experienced Greenville Nursing Home Abuse Lawyer
Bobby Jones Law is an experienced Greenville nursing home abuse lawyer. With a track record of success in nursing home abuse cases, attorney Robert “Bobby” Jones capably represents abuse victims and their families. He handles even the most complex cases, and wins. See our results for more information.
A nursing home may be liable for inadequate fall prevention. If you or a loved one has been hurt, please contact us.
