You may have the right to sue a nursing home for a fall if the facility’s negligence has caused or contributed to your loved one’s injuries. Negligence often involves failures to address known fall risks, to provide proper supervision, to assist with transfers, or to maintain a safe living environment.
If a loved one has fallen in a California nursing home, Lanzone Morgan, LLP, is here to help. We will investigate the incident and determine whether preventable care failures contributed to the fall. If we identify evidence of negligence, we’ll file a lawsuit on your behalf against the nursing home or other liable party. Call 888-887-9777 for a free consultation to learn your family’s options.
Table of Contents:
- When Is a Nursing Home Responsible for a Resident’s Fall?
- Common Care Failures That Contribute to Falls in California Nursing Homes
- Types of Injuries That Can Give Rise to a Nursing Home Fall Lawsuit
- What Evidence Helps Prove Liability in a Nursing Home Fall Claim?
- Damages Available to Nursing Home Fall Victims and Their Families
- How Our Team Establishes Liability in California Nursing Home Fall Cases
When Is a Nursing Home Responsible for a Resident’s Fall?
To prove a nursing home is liable for a fall, you must present evidence establishing the following four elements of negligence:
- Duty of care: The facility had a responsibility to provide your loved one with safe care and adequate supervision. This duty automatically arises when a resident is admitted to a nursing home.
- Breach of duty: The staff failed to meet that responsibility, such as by ignoring known fall risks or performing improper transfers.
- Causation: That failure caused or contributed to your loved one’s fall.
- Damages: The nursing home fall resulted in compensable losses. For example, if your loved one sustained a fracture or head injury, they could recover damages for medical costs, pain and suffering, and more.
Evidence that the facility’s conduct met the state’s legal definition of neglect can further support a claim. California’s Elder Abuse and Dependent Adult Civil Protection Act defines neglect as a caregiver’s failure to provide the level of care a reasonable person in the same position would provide. This includes failing to protect an elderly adult from health and safety hazards.
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Did You Know?
Each year, falls among older adults lead to approximately three million emergency department visits and one million hospitalizations. A senior who falls once is twice as likely to fall again.
Common Care Failures That Contribute to Falls in California Nursing Homes
Nursing homes often claim falls are an inevitable consequence of a resident’s condition, but many factors within the facility’s control often contribute to these incidents.
When a resident enters a facility, staff must assess their needs and develop a care plan accounting for factors that can affect their fall risk, such as cognitive status, medication use, mobility, and fall history. Staff must also update that plan as the resident’s condition changes. Preventable falls can occur when the care plan fails to account for a resident’s needs.
Falls can also result when staff fail to follow the plan already in place or disregard basic safety standards. That can include attempting a two-person transfer with only one caregiver, failing to check on a high-risk resident at required intervals, ignoring a resident’s calls for help, or failing to install bed alarms when necessary. Unsafe environmental conditions, such as wet floors, cluttered walkways, poor lighting, or a lack of handrails, can also contribute to a nursing home resident’s fall injuries.
Types of Injuries That Can Give Rise to a Nursing Home Fall Lawsuit
Age-related changes in bone strength and healing ability can make falls especially dangerous for nursing home residents. Many residents also enter long-term care with existing medical conditions or mobility limitations that can make recovering from a new injury difficult.
Our attorneys have represented nursing home residents who have sustained a wide range of injuries in falls. Common injuries we see from nursing home falls include hip and arm fractures, head trauma, spinal injuries, and soft tissue damage, such as rotator cuff tears and sprained ankles.
These injuries can trigger a lasting decline in a resident’s health. Reduced mobility during the recovery period can lead to muscle loss and a greater dependence on caregivers. Some individuals never regain their previous level of strength, and they may be more susceptible to additional falls, pressure injuries, and other complications.
What Evidence Helps Prove Liability in a Nursing Home Fall Claim?
To prove that the facility is liable for your loved one’s nursing home fall, you’ll need evidence demonstrating what happened before, during, and immediately after the incident. Relevant types of evidence when suing a nursing home for a fall may include:
- Medical records documenting the resident’s health status before the fall and the injuries they suffered after they fell
- Facility documents, such as fall risk assessments, care plans, incident reports, facility policies, and staffing records
- Surveillance footage showing the fall or staff entering and exiting the resident’s room
- Photographs of the area where the fall occurred and the resident’s injuries
- Statements from staff members or other witnesses
- Medical bills documenting the financial impact of the resident’s injuries
- Copies of written communications with the facility
- Personal notes about conversations with staff and other relevant observations
Start collecting evidence as soon as possible after the fall. Evidence can quickly disappear or become less reliable, so acting early can strengthen your ability to challenge the facility’s version of events.
Damages Available to Nursing Home Fall Victims and Their Families
A preventable fall can leave a vulnerable senior and their family facing significant financial and personal losses. When a nursing home is responsible for the injury, compensation may be available for the following damages:
- Past and future medical expenses
- Rehabilitation costs
- The cost of relocating to a safer facility
- Increased long-term care costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages, such as funeral expenses and loss of companionship
Case values vary significantly based on each family’s unique losses. However, our firm has recovered many meaningful settlements and verdicts after filing nursing home lawsuits for fall injuries.
In one notable case, we recovered $2.3 million for an elderly resident of a Los Angeles County skilled nursing facility who suffered multiple falls. We also obtained a $1.9 million verdict for the family of a woman who died after falling multiple times in a case in which we proved 578 violations of the California Nursing Home Resident’s Bill of Rights.
How Our Team Establishes Liability in California Nursing Home Fall Cases
At Lanzone Morgan, LLP, nursing home abuse and neglect cases are all we do. Our attorneys have dedicated their careers to standing up for individuals harmed by negligent nursing home corporations throughout California, and that singular focus helps us recognize the patterns of care failures that may support a legal claim.
When you turn to us for help, we’ll determine what level of care your loved one required and compare it to the care they received to identify whether preventable failures contributed to their injuries. From there, we’ll gather strong evidence and advocate for the compensation your family deserves.
If you’re wondering if you can sue a nursing home for a fall, we’re available 24/7 to explain your rights and options. Let us put our 75+ years of combined legal experience to work for you, starting with a free consultation.
Call 888-887-9777 or complete our online contact form to speak with a member of our team today.