Posted in Blog on July 17, 2019
According to the Centers for Disease Control (CDC), millions of people aged 65 and older fall. They state that one out of four older people fall each year and that falling once doubles their chances of falling again.
For older citizens, falling can cause serious injuries and even death. The CDC says that:
The CDC also says that by 2030, there could be seven fall deaths in older Americans every hour. As the US population ages, we will see more and more citizens needing assistance at nursing homes. We need to know when a nursing home is liable for our loved one’s injuries.
It should come as no surprise that nursing home residents have an increased risk of falls. Armed with this knowledge, most nursing homes come equipped to assist patients who are fall risks. This can include:
When a fall injury occurs in a nursing home, that does not mean the staff or organization is necessarily responsible. For a nursing home to be held liable, they need to have been careless or negligent in their duties. For a nursing home or staff member to be held liable for a fall, it needs to be shown that they:
In the worst cases, a nursing home resident’s fall could be caused by elder abuse on the part of nursing home staff or volunteers. The CDC defines elder abuse as “an intentional act or failure to act by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a serious risk of harm to an older adult.”
If a nursing home is negligent in their duties, they could be held liable for any injury expenses. This can include:
It is the responsibility of the nursing home staff to keep our loved ones safe, but we play a role as well. If you have a loved one in a nursing home, check on their well-being regularly to ensure they are being cared for properly.
COVID-19 Update: Lawyers and staff are working both remotely and in the office to provide the best legal representation to our clients. If you need assistance, please call or contact us. We can do consultations over the phone or on a video conference. For referring attorneys, we’re still open for business and want to discuss partnering with you on your cases.