Many families move their loved ones to nursing homes when they struggle to live independently. Unfortunately, the care provided in a nursing home does not always ensure the health and safety of vulnerable adults.
All too often, nursing home residents endure harm because nursing homes do not provide sufficient care. A variety of different incidents might inspire concerned family members to take legal action against a nursing home.
Serious and preventable falls are a form of nursing home negligence that could lead to a lawsuit against a facility. In fact, falls may be more common than people realize, as nursing homes often fail to report them, even when they lead to injury.
When is a fall actionable?
There are two main questions for families to ask when determining whether they have grounds for a nursing home negligence lawsuit because of a fall. The first is whether the fall was preventable.
If better support or medical devices could have prevented the fall, then family members may be able to allege that it is the result of negligence by the business managing the facility or the employees working there. Understaffing, delayed maintenance and a failure to test residents for fall risk could all constitute negligence.
The second question is whether the fall had economic consequences. If a fall produced injuries that generated health care costs or increased a patient’s support needs and therefore the cost of their assisted living arrangements, then there may be damages that the family can seek as a result of their loved one falling.
Filing a nursing home negligence lawsuit could be an option for families affected by poor care standards at a nursing home. Preventable falls are one of several warning signs of negligent care that families should not ignore.