Nursing homes aren’t always liable for falls, but they often are. Liability depends on whether the facility failed to take reasonable precautions based on what the staff knew or should have known about the resident’s fall risk. If that failure contributed to the resident’s injuries, the family may have grounds to pursue compensation.
If a loved one has suffered injuries in a fall at a California nursing home facility, Lanzone Morgan, LLP, is here for your family. We’ll explain your rights and pursue the justice your family deserves. Call 888-887-9777 for a free consultation with a member of our team.
Table of Contents:
- When Can You Hold a Nursing Home Liable for a Fall?
- What Does California Law Require Nursing Homes to Do to Help Prevent Falls?
- What if the Resident Was Already at High Risk of Falling?
- Questions to Ask When Your Loved One Falls in a Nursing Home
- Signs That It’s Time to Talk to an Attorney About Your Loved One’s Fall
- Get Answers About Your Loved One’s Nursing Home Fall
When Can You Hold a Nursing Home Liable for a Fall?
A nursing home may be liable for a resident’s fall injuries if staff had reason to recognize that a resident faced an increased risk of falling, such as previous falls, mobility limitations, wandering and elopement tendencies, or cognitive decline, but failed to adjust the resident’s care accordingly. It could also face liability if staff disregarded the resident’s existing care plan, such as by ignoring instructions to assist the resident with wheelchair transfers.
Unsafe living conditions, such as cluttered walkways or a lack of handrails, can also lead to liability for the nursing home if they contributed to the resident’s injuries.
Nursing Home Liability Case Study
Our team recently represented a long-term care facility resident who had several falls resulting in fractures. The case demonstrates how repeated warning signs can become important evidence of negligence.
Our client entered an assisted living facility with dementia and a history of falls. As her confusion increased, she suffered several additional falls in the facility, including one that fractured her wrist. Despite her declining condition, the facility continued to allow her to shower and use the toilet independently.
Months later, she suffered a femur fracture in another fall and became bedridden, ultimately leading to her death. Our attorneys argued that the facility’s repeated failure to provide proper fall prevention measures contributed to her death. This resulted in liability for the facility and significant compensation for the family.
Can Someone Other Than the Facility Be Responsible When a Nursing Home Resident Falls?
Although the nursing home is often the primary liable party for a preventable fall, other parties can be responsible in some cases.
For instance, a maintenance contractor could be liable if improper repairs on a dangerous condition in the facility contributed to a resident’s nursing home injuries. An equipment manufacturer could also be responsible if a defective safety or mobility device contributed to the incident. Healthcare professionals who don’t work for the facility, such as doctors or rehabilitation providers, may also share liability if their own negligent care played a role in the resident’s fall.
What Does California Law Require Nursing Homes to Do to Help Prevent Falls?
California law requires nursing homes to take reasonable measures to protect residents from preventable harm. These standards can be relevant when establishing liability for a fall. Violations of these regulations or other signs of nursing home neglect may also be grounds for reporting the nursing home to state authorities.
Under the state’s Nursing Home Residents’ Bill of Rights, facilities must maintain an adequate level of qualified staff to meet residents’ needs, keep nurse call systems working and accessible, and maintain safe living conditions.
Meanwhile, 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 breaching the duty to protect an elderly resident from health and safety hazards by failing to recognize or address a known fall risk.
What if the Resident Was Already at High Risk of Falling?
Many nursing home residents face an increased risk of falling because of dementia, mobility limitations, medication side effects, balance disorders, or a history of previous falls. However, these risk factors do not necessarily excuse a facility from liability when a fall occurs.
Nursing homes have a legal duty to recognize a resident’s fall risk and create a care plan that includes reasonable measures to protect the resident from falling. That responsibility may include helping with transfers, checking on the resident at specific intervals, installing safety devices, or keeping the call button within easy reach. If the resident’s condition changes significantly, the staff must update the plan accordingly and follow the new safety procedures.
Thus, even if the facility claims that the resident’s fall was an unavoidable consequence of their condition, it may still be liable for care failures that contribute to the incident.
Questions to Ask When Your Loved One Falls in a Nursing Home
If your loved one has fallen in a California nursing home, ask questions like the following to determine whether the incident warrants a closer look:
- When and where did the fall happen? Request the exact time and location.
- What was my loved one doing at the time of the fall? Ask whether they were walking, attempting a transfer, or performing self-care tasks.
- Who was present when my loved one fell? Ask for the names of any potential witnesses.
- Did staff follow all the precautions in my loved one’s care plan? Find out which precautions they believe the situation warranted and whether each one was in place at the time.
- What did the staff do immediately after the fall? Ask how long your loved one was on the floor and what medical care they received.
If the facility cannot provide clear answers or gives conflicting explanations, it may suggest that an investigation is necessary to uncover the truth.
Signs That It’s Time to Talk to an Attorney About Your Loved One’s Fall
If you suspect your loved one’s fall was preventable and care failures played a role, speak with an attorney. An attorney can investigate whether the facility’s negligence contributed to their injuries.
Legal guidance is especially prudent in the following scenarios:
- Your loved one had a previous fall at the facility, but the staff failed to take added precautions to reduce the risk of another incident.
- Your loved one fell while performing an activity for which their care plan called for staff assistance, such as transferring out of bed or using the bathroom.
- Your loved one fell after repeated calls for help went unanswered.
- You receive vague or confusing explanations from staff.
- You notice signs of understaffing in the nursing home or other red flags.
Our California nursing home neglect lawyers are here to help. We’ll review the circumstances and determine whether the facts support a claim.
Get Answers About Your Loved One’s Nursing Home Fall
If your loved one was injured after falling in a California nursing home and you suspect better care could have prevented it, Lanzone Morgan, LLP, is ready to seek the answers your family deserves.
Our nationally recognized elder abuse lawyers can investigate the circumstances surrounding the incident and determine whether the nursing home is liable for the fall. From there, we’ll be ready to build a compelling case for negligence and pursue accountability on your family’s behalf.
We’re available 24/7 to listen to your concerns and explain your options. Contact us online or call 888-887-9777 today for a free consultation.