Fall Injuries In A Nursing Home? Let Our Culver City Attorneys Protect Your Loved One’s Rights.

Falls are a common accident. However, they can also be dangerous, often leading to serious injuries such as fractures and head trauma. The consequences can be particularly severe for vulnerable nursing home residents, who may already have compromised health and mobility.

While older adults are generally at a higher risk of falling, nursing homes have a responsibility to implement strict safety protocols and provide a secure environment. Failing to do so can lead to preventable fall injuries. Victims and their families have a right to hold them accountable for their negligence.

Since 2014, our attorneys at Steven D. Davis Law Group, APC, have been fearlessly advocating for justice for those who suffered elder abuse and neglect across California. We are ready to leverage our extensive trial experience to defend your loved one’s rights and seek the justice you deserve.

Why Do Falls Happen In Nursing Homes?

If you notice that your loved one suffered from serious injuries due to a bad fall, it may be a sign of negligence or substandard care. Patients and residents are more prone to falls if:

• There is a lack of supervision or mobility assistance: Residents, especially those with cognitive impairments or mobility issues, may find it difficult to do certain activities without assistance. When staff fail to check on residents regularly or respond promptly to call lights, residents may try to move independently, leading to falls.
• The facility is understaffed: This pervasive issue can directly impact the quality of care provided in nursing homes. If there aren’t enough caregivers, existing staff are often overworked and stretched thin. This can lead to a delayed response to needs, rushed care and a general lack of supervision, all of which increase the risk of falls.
• The facility does not have a safe environment: Issues such as slippery floors, clutter, poor lighting and a lack of grab bars can easily lead to falls. Incorrect bed heights or malfunctioning equipment can also pose serious risks during resident transfers and movement.
• The staff or health care providers made medication errors: Many drugs have side effects such as dizziness or impaired balance. Giving the wrong medication or dosage, missing doses or failing to monitor for adverse effects can dangerously increase a resident’s fall risk.

Nursing homes have a legal duty to assess residents’ fall risks. They must create individualized care plans to prevent falls and implement those plans effectively. When they fail to do so, leading to a resident’s fall and injury, it can constitute negligence or elder abuse. In such cases, families might be able to take legal action.

Legal Rights Of Nursing Home Residents In California

Under both state and federal laws, nursing home residents have the right to safety, well-being and autonomy. The California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) states that residents have the right to:

• Live in a clean, safe and comfortable environment
• Receive adequate and appropriate medical care, and participate in their care plan
• Privacy and confidentiality
• Manage their own finances or choose someone they trust to do so
• Freedom from discrimination
• Freedom from physical or chemical restraints, except as ordered by a physician
• Voice grievances without fear of reprisal
• Visits from family, friends and advocates

The Nursing Home Reform Act, which is part of the Omnibus Budget Reconciliation Act of 1987, also sets minimum standards of care for nursing home residents. Under this federal law, facilities must:

• Conduct comprehensive assessments of each resident’s needs
• Develop and implement care plans based on the assessment results
• Provide services and activities to maintain or improve each resident’s quality of life
• Ensure residents receive proper treatment and care for various conditions
• Protect resident rights, including the right to dignity, choice and participation in their care

Both California and federal laws clearly establish that nursing home residents have the right to be safe and free from all forms of abuse and neglect. If you suspect a fall injury was because of a violation of these rights, our lawyers can walk you through your legal options.

Signs Of Neglect Or Abuse To Watch Out For

Most falls are unavoidable accidents. Some, however, may be an indicator of abuse or neglect. The latter may be the case if:

• There is a pattern of frequent falls, especially those without a clear explanation from the staff
• There are bruises, fractures (especially hip fractures, which are common in serious falls), head injuries or other physical marks that staff cannot adequately explain or whose explanation doesn’t align with the reported incident
• Your loved one becomes withdrawn, fearful, anxious or agitated, particularly around certain staff members, after a fall incident
• Staff are vague or unwilling to provide detailed information about a fall, or if medical records are incomplete or missing
• There are wet or cluttered floors, broken assistive devices (walkers, wheelchairs), call lights that go unanswered for extended periods or a general lack of staff presence

If you observe any of these signs in your loved one’s nursing home, it’s highly advisable to consult with an attorney. They can assess your case and guide you through the process.

What Types Of Evidence Do You Need In A Nursing Home Fall Case?

To build a strong case against a nursing home for a fall, you may need to gather the following evidence:

• Medical records: Documentation of the resident’s medical condition before and after the fall, including any injuries they received
• Incident reports: Any reports or documentation created by the facility about the fall incident
• Witness and professional statements: Testimonies from staff, other residents or visitors who witnessed the fall or can speak to the conditions leading to it, as well as statements from medical professionals about whether the nursing home met the standard of care expected
• Safety records and any past violations: Documentation showing the nursing home’s compliance (or lack thereof) with safety regulations and procedures, including records of previous safety violations or complaints against the nursing home
• Photographic evidence: Photos of the location where the fall occurred, which may show hazards or unsafe conditions

Gathering this evidence can help establish that the nursing home was negligent and that this negligence contributed to the fall. As your attorneys, we will gather all the necessary evidence and help you build a compelling case.

Talk To Our Seasoned Attorneys Today

When a loved one suffers a fall injury in a nursing home, it’s natural to feel overwhelmed and uncertain about what to do next. At Steven D. Davis Law Group, APC, we believe you deserve clear answers and compassionate legal guidance. Schedule a consultation with us today. Call 310-570-2981 or fill out our online contact form.