Florida Nursing Home Falls — Can I Sue?
By Team at Zimmet & Zimmet, In Personal injury, 0 Comments
Do you have a parent or grandparent living in a nursing home? If you do, you have likely put your trust in the staff to care for your loved one. Nursing homes in the United States have trained staff capable of rendering care to those in their golden years or nearing the twilight of their lives.
Nursing care homes are known for the safe environment they give their residents. Nonetheless, like any ordinarily safe environment, a care home is never without dangers.
Recent statistics gathered by the Nursing Home Abuse Center show that care homes report 100 to 200 falls yearly. If that was not concerning enough, the same statistics indicate that falls are 50% to 70% more likely in a care home setting.
Falls are also among the most common causes of serious injuries among nursing home residents. According to the CDC, 10% to 20% of falls result in fractures and dislocations.
Care homes have a responsibility to provide a safe environment for residents. This is why falls that result from negligence can be subject to a lawsuit.
If an elderly parent or grandparent has fallen while in the care of a nursing home, you may have the right to sue. Read on to learn the details about falls and nursing home neglect.
Falls as a Sign of Nursing Home Neglect
Nursing home neglect needs to be distinguished from nursing home negligence. When we speak of nursing home neglect, we refer to deficiencies in the care given to a resident. The care may be deemed deficient if it constitutes any of the following:
- Failure of caregivers to provide necessities like food, shelter, and medication
- Denial of recreational time
- Not assisting non-ambulatory residents with movement or activities of daily living
- Failure to ensure safety for the resident
Falls can be indicative of nursing home neglect. When a resident falls, it can be the result of:
- No assistance is provided with movement
- A failure to provide a safe environment
The above-mentioned constitute a breach of Quality Care Standards. Hence, falls can render a caregiver or care facility liable, especially if injuries have occurred.
How To Tell if Someone Has Been a Victim of Nursing Home Neglect
According to the CDC, many falls and other indicators of nursing home neglect go unreported. One reason is the condition of nursing home residents. In other words, many residents simply do not have the capacity or time to report their falls.
Even if the incident occurred within the nursing home, the nursing home has a responsibility to report the fall. The care facility also needs to take the necessary steps to ensure that the event does not recur.
Not reporting the fall can be a break in the standard of care. It is also in violation of several federal elderly protection laws. To determine for yourself if a loved one fell or is a victim of nursing home neglect, look for the following:
- A reduced range of motion in any of the limbs
Since neglect occurs as a failure to provide care, also keep an eye out for accompanying signs like:
- Unsanitary bed linen
- Lack of proper medical treatment
- A dirty or disorganized room
Contact a Nursing Home Fall Lawyer
Once you are sure that a loved one’s fall in a care home was not reported or addressed. A lawyer who specializes in nursing home law and personal injury can help prove a care facility’s liability.
Do you suspect neglect or abuse in a nursing care home? Call us now for a free consultation.