Who’s to blame when a nursing home resident falls will depend on whether a nursing home, its staff, or another party breached a legal duty of care and caused the fall. Liability is based on negligence and causation, which means showing that someone failed to act reasonably and that failure led to the injury.
Falls in long-term care settings can happen for many reasons, including staffing problems, unsafe environments, missed risk assessments, or medication errors. In some cases, outside contractors or product manufacturers share the fault, and in others, no one is legally liable if reasonable care was used.
Get legal help if you have a family member living in a nursing home who has been injured in a fall that may have occurred due to someone else’s negligence.
Talk with a nursing home abuse lawyer in Florida who will prioritize the legal rights of you and your family. If warranted, your attorney may help you file a lawsuit against the party that may be liable for your loved one’s fall.
Who Can Be Held Liable When a Nursing Home Resident Falls?
Several parties can be held liable when a nursing home resident falls if their negligence contributed to the incident. The nursing home entity, administrators, nurses, aides, and outside contractors may all share responsibility depending on the facts.
Potential defendants in a nursing home fall case may include:
- The nursing home
- Owners, operators, or management companies
- Nurses, CNAs, and other staff members
- Physicians, nurse practitioners, or pharmacies involved in care
- Maintenance or housekeeping contractors
- Medical device or wheelchair manufacturers in product-related falls
Have a nursing home abuse attorney review the specifics of your case. From here, your lawyer may find that one or more parties may have contributed to abuse that your loved one suffered in a nursing home that led to their fall and injuries. At this point, your attorney may help you pursue compensation from any liable parties.
For a free legal consultation , call (813) 259 0022
How Do You Prove Fault After a Nursing Home Fall?
You can prove fault by documenting what happened, identifying safety rules that were not followed, and showing those failures caused the fall and injuries. Evidence should connect the breach of duty to specific harm such as fractures, head injuries, or loss of mobility.
Evidence can make a difference in the outcome of your nursing home fall case. Types of evidence that you may use include incident reports, fall risk assessments, care plans, medication and treatment records, and staffing schedules. Families can also seek surveillance footage, witness statements, maintenance logs, and prior complaints showing notice of hazards.
When Is a Nursing Home Not at Fault for a Resident’s Fall?
A nursing home may not be at fault if it used reasonable fall-prevention measures and an unforeseeable medical event or sudden loss of balance occurred. If nursing home staff followed a care plan, responded promptly, and maintained a safe environment, they may not be held responsible if a resident falls and gets hurt on their premises.
Fault may also be reduced or disputed when a resident refused assistance, disabled alarms, or did not follow safety instructions despite counseling. Even then, nursing home facilities still must assess risk, re-educate, and adjust care plans when refusals or behaviors are known.
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What Steps Should You Take After a Nursing Home Resident Falls?
If your loved one is a resident of a nursing home and falls, you should request an immediate medical evaluation and ask for a copy of the incident report and care plan. Take photos of the accident scene, footwear, mobility devices, and any visible injuries as well.
Report your concerns in writing to the facility administrator and director of nursing, and ask that all evidence be preserved. In addition, avoid signing releases or settlements before you review records and understand the full scope of injuries and future care needs.
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What Types of Compensation Are Available for Nursing Home Fall Injuries?
Available compensation can include medical expenses for hospitalization, surgery, rehabilitation, and future care needs. In some cases, you may seek compensation for pain and suffering, loss of mobility or independence, and costs of increased supervision or facility changes.
If a fall results in a death, eligible family members may pursue wrongful death damages where allowed by law. The types and amounts of recoverable damages will be based on the specific facts and the laws that apply to the case.
How Do Time Limits Affect a Nursing Home Fall Claim?
Time limits to file a lawsuit, often called statutes of limitations, vary by state and by claim type. Wrongful death and claims against government-run facilities may have shorter or different deadlines.
Remember, as you try to figure out who is at fault when a nursing home resident falls, the statutes of limitations for personal injury and wrongful death claims and lawsuits are brief. Thankfully, prompt legal action helps protect your rights. Gathering records early also helps preserve evidence that can be lost over time.
Speak with Us About Who Is to Blame After a Nursing Home Resident Falls
Determining who is responsible when a nursing home resident falls requires a careful look at staffing, care plans, environment, and medical issues. If a family member resides in a nursing home and is injured in a fall, meeting with nursing home abuse lawyers may benefit you and your loved one. Your attorney can assess your case and explain your legal options.
At Distasio Law Firm, we protect the rights of the injured by fighting for those who need us most. We have over 35 years of combined experience.
If you are unsure who may be to blame when a nursing home resident falls, we can investigate whether safety policies were followed, what the records show, and how each decision may have led to this outcome.
Our attorneys are here to help if you have questions about the party that may be to blame after a nursing home resident falls or other legal topics relating to your case. To find out more, schedule a free case consultation.
Call or text (813) 259 0022 or complete a Free Case Evaluation form