menu

Atlanta Nursing Home Fall Attorney

According to the Centers for Disease Control and Prevention, falls are the leading cause of injuries and death in people ages 65 and older in the U.S. Falls among the elderly may be commonplace, but that doesn’t make them acceptable within a nursing home setting. Nursing home falls are often preventable with the right equipment, property features, and care from staff members. Even if no one could have prevented the fall, the way the nursing home responds to the incident can also constitute negligence. If, for example, staff left the resident on the ground for a while before offering assistance. For legal counsel regarding nursing home falls, confide in Butler Wooten & Peak LLP of Atlanta.

Preventable Falls and Negligence

Sometimes falls occur despite a number of precautions and safety measures. In these cases, no one may be legally at fault for the resultant injuries or death. Many falls, however, are preventable. These falls occur due to slippery floors, improper footwear, and issues such as lack of bedrails. In these circumstances, injured parties or surviving family members may have grounds for a lawsuit against the nursing home. To have a case against a defendant for a nursing home fall, the plaintiff must prove:

  1. The nursing home owed the plaintiff a duty of care. The law obligates all elderly care facilities to provide for the physical, emotional, and psychosocial well-being of residents. There are many federal and state standards nursing homes must obey in terms of cleanliness, nutrition, and resident care.
  2. The nursing home breached its duties. This is the most important element in a nursing home fall case. The plaintiff or representative must have proof of some form of negligence on the defendant’s part. Common examples include lack of signage for slippery floors, improper resident supervision, and unsafe premises.
  3. The breach of duty caused or contributed to the fall. It is not enough to show the nursing home was negligent in some way. This neglect must be the proximate cause of the plaintiff’s fall and related injuries.
  4. The plaintiff suffered damages because of the breach. Damages can include personal injuries, medical bills, and pain and suffering. Falls can lead to fractures, concussion, and serious brain injuries. Fall injuries may require extensive medical care and costs. If an elderly resident died from complications of the fall, surviving family members may be able to sue for loss of companionship, funeral, and burial costs.

A discussion with an attorney is the best way to handle your case. If your loved one recently suffered in a nursing home fall and you suspect negligence, come to Butler Wooten & Peak LLP for a free consultation. You might have suspicions if your loved one has unexplained injuries, if the nursing home’s story is inconsistent with the type of injuries, or if you feel that the staff could have done something more to prevent the incident. As soon as you suspect elder neglect or abuse in a fall accident, seek help from an attorney. Reach our Atlanta office at (800) 242-2962 for a case evaluation.