Legal evaluation of fall injury claims

One fall in a nursing home does not necessarily imply lack of care or attention. Accidents happen. However, if the nursing home was on notice that the person was at risk for falls, preventative measures should have been taken. Some preventative measures, such as restraints, may be a violation of the resident's rights. Therefore, there must be clear documentation in the chart that the restraints were necessary to prevent the resident from harm and a physician order is necessary before a restraint may be used.

In evaluating a potential case involving a fall and injury, we will review the medical chart for the following information:

• How many falls occurred and how soon after admission to the home?
• Was the fall witnessed by a staff member, other resident or family member?
• What documentation of the fall exists in the medical chart?
• Was there a "fall risk" assessment and care plan completed by the nursing staff when the resident was admitted to the home?
• If so, was the plan of care being followed, updated when necessary and were safety precautions being taken to prevent falls?
• What were the physician orders regarding how much assistance a resident required to get out bed and walk?
• Was the resident on medication that caused drowsiness, confusion or weakness?
• Were safety measures taken such as lowering the bed and placing the mattress on the floor?
• What injuries did the resident sustain as a result of the fall?

If the injuries sustained as a result of the fall are not serious, such as bruising and injuries that did not require medical intervention, they may not justify the cost of bringing a lawsuit. On the other hand, if the injuries are serious, especially if the resident has a history of prior falls at the home, you should contact our law firm for a consultation.

Fall Injury Resources:

• Overview
• Prevention tips

Other Nursing Home Abuses:

• Bedsores
• Dehydration
• Elopement
• Falls
• Malnutrition
• Mental Abuse
• Physical Abuse
• Restraints
• Sexual Abuse
• Wandering
• Wrongful Death

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