Nursing Home Abuse Lawyer Outer Banks

Falls are one of the leading causes of injury and death in elderly individuals, especially in nursing homes. The consequences of falls in nursing homes can be severe, leading to broken bones, head injuries, and even death. In addition to physical harm, falls can also result in a decline in the quality of life, emotional trauma, and financial burdens. While some falls are unavoidable, many result from negligence or lack of proper care.

If you suspect your loved one is a victim of nursing home neglect or abuse, call Shapiro, Washburn & Sharp to speak with one of our Outer Banks nursing home abuse lawyers to find out what legal recourse you may have.

Understanding the Risks of Falls in Nursing Homes

Why are falls so common in nursing homes? Nursing homes house elderly individuals, many of whom suffer from mobility issues, cognitive impairments (such as dementia), and other health problems that increase their risk of falling. Environmental factors, such as poor lighting, wet floors, and inadequate safety measures, also contribute to the high incidence of falls in these facilities.

The risks associated with falls in nursing homes are significant:

Physical injury: Falls can lead to severe injuries such as hip fractures, head trauma, and spinal cord damage. These injuries can result in long-term hospitalization or rehabilitation, a decrease in mobility, and sometimes permanent disability.
Emotional and psychological impact: The trauma of a fall, particularly a serious one, can have lasting emotional effects on elderly residents. Fear of falling again can lead to anxiety, depression, and social isolation.
Financial costs: Falls can also lead to significant medical expenses, long-term care, and rehabilitation costs. Families may face financial strain as they navigate the aftermath of a fall-related injury.

How Nursing Homes Can Prevent Falls

While some falls are inevitable due to the elderly population’s frailty, many can be prevented with proper care and precautionary measures. What steps can nursing homes take to reduce the risk of falls for their residents?

Regular Risk Assessments

Nursing homes should conduct regular fall risk assessments for each resident. This includes evaluating the resident’s physical condition, mobility, medication usage, cognitive status, and environmental factors that may contribute to fall risk. Regular assessments help caregivers develop personalized care plans and identify individuals at high risk for falls.

Adequate Staffing and Training

Proper staffing is critical in preventing falls. Nursing homes should ensure they have enough staff to monitor residents, assist with mobility, and respond promptly in an emergency. Staff should be trained in fall prevention strategies, including how to assist residents with walking, how to use mobility aids, and how to recognize the signs that a resident may need more support.

Assistive Devices

Providing residents with appropriate mobility aids, such as walkers, canes, or wheelchairs, is crucial in preventing falls. Nursing homes must ensure these devices are well-maintained, properly fitted, and used consistently. Staff should assist residents with getting in and out of bed or chairs and ensure that assistive devices are always within reach.

Proper Lighting

Poor lighting can make it difficult for residents to navigate their environment, especially those with vision impairments. Nursing homes should ensure that hallways, bathrooms, and common areas are well-lit, and that residents’ rooms have adequate lighting, particularly at night when they are most at risk of falling.

Fall-Proofing the Environment

Nursing homes should regularly inspect and maintain the facility’s environment to reduce hazards. This includes:

Removing tripping hazards: Rugs, cords, and clutter should be removed from walkways to prevent tripping.
Installing grab bars: Grab bars should be installed in bathrooms and near toilets to provide support when residents stand or sit.
Non-slip flooring: Nursing homes should use non-slip flooring in bathrooms and other high-risk areas to prevent slips and falls.
Bed and chair positioning: Beds should be positioned at a height that makes it easier for residents to get in and out safely, and chairs should be sturdy and properly placed.

Exercise and Physical Therapy

Physical therapy can help improve strength, balance, and coordination in elderly individuals, reducing the risk of falls. Nursing homes should offer exercise programs tailored to the abilities of each resident, encouraging them to stay active and engaged. These programs can also improve residents’ overall health, making them less prone to falls.

Monitoring Medications

Some medications can cause dizziness, drowsiness, or loss of coordination, increasing the risk of falls. Nursing homes should regularly review residents’ medications with healthcare providers and make adjustments as needed. Pharmacists and doctors should be consulted to ensure that medications do not interact negatively and contribute to fall risk.

Prompt Response to Incidents

When a fall does occur, nursing home staff must respond quickly and appropriately. Residents who fall should receive immediate medical attention, and the incident should be documented to determine whether it was preventable. A thorough investigation should also be conducted to identify the cause of the fall and whether any preventive measures were neglected.

Legal Options for Families if an Elderly Loved One is Injured in a Fall

Despite the best efforts of nursing homes to prevent falls, some accidents still happen due to negligence or inadequate care. What legal recourse do families have if an elderly loved one is injured in a fall at a nursing home?

Filing a Personal Injury Lawsuit

If a resident is injured in a fall caused by the nursing home’s negligence or failure to provide proper care, the family may have grounds for a personal injury lawsuit. A successful lawsuit can provide compensation for medical expenses, rehabilitation costs, pain and suffering, and emotional distress. To file a personal injury lawsuit, it must be proven that the nursing home’s actions—or lack of action—directly contributed to the fall.

Negligence and Liability

In most cases, nursing homes are held liable for accidents that occur due to neglect or substandard care. How is negligence proven in a nursing home fall case? Evidence of negligence can include failure to perform regular risk assessments, inadequate staffing, failure to implement fall-prevention strategies, or failure to respond appropriately to previous falls. Documentation of the fall, such as medical records, incident reports, and witness testimony, will be crucial in proving negligence.

Negligent Hiring and Supervision

If the fall was caused by poorly trained or inadequately supervised staff, the family may have grounds to file a lawsuit for negligent hiring or supervision. Nursing homes have a duty to ensure that their employees are properly trained and qualified to care for vulnerable residents.

Nursing Home Abuse Claims

In some cases, a fall may result from abuse rather than negligence. If a staff member intentionally caused the resident to fall or was rough in their handling, this could constitute abuse. Families can file a lawsuit for nursing home abuse to seek justice for their loved one. Abuse claims require a higher burden of proof, but they can result in significant compensation for the victim and a strong deterrent for the facility.

Seeking Compensation

If negligence is established, the victim and their family may be entitled to compensation for:

Medical expenses: Including hospital stays, surgeries, physical therapy, and future medical costs.
Pain and suffering: Compensation for the physical pain, emotional distress, and loss of quality of life caused by the injury.
Lost wages: If the victim was employed, the family can seek compensation for lost wages or earning capacity due to the injury.
Punitive damages: In cases of extreme negligence or abuse, punitive damages may be awarded to punish the nursing home and deter future misconduct.

Call Our Personal Injury Law Firm for Legal Assistance

If your elderly loved one has been the victim of nursing home abuse or neglect, contact one of our Outer Banks nursing home abuse attorneys to find out what legal recourse your family may have. At Shapiro, Washburn & Sharp, our personal injury law firm has been advocating for nursing home abuse victims and their families for decades and will work diligently to get your loved one the financial compensation they deserve, like the $300,000 arbitration award we obtained for one client, an 80-year-old woman who suffered a fall from her bed resulting in a serious fracture of her left tibia and fibula. Due to her previous medical issues, the fractures could not be treated surgically, and she ultimately underwent an above-the-knee amputation of her left leg.

Contact our office to schedule a free case evaluation and find out how we can help.

Preventing Nursing Home Falls and Injuries