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Attendant helps resident who has fallen in a nursing home. | Colling Gilbert Wright

What Happens When a Resident Falls in a Nursing Home?

Falls in nursing homes are common. More than 1 in 4 adults over the age of 65 fall each year, according to the National Institute on Aging (NIA), and the CDC reports that falls are “the leading cause of fatal and nonfatal injuries among older adults.” A significant percentage of these serious and fatal falls occur in the nursing home setting.

When an aging resident falls in a nursing home, what happens? Unfortunately, too often, the answer is, “Not enough.” Nursing homes routinely fail to take appropriate action in response to resident falls, and in some cases, they will even attempt to hide information about falls in order to avoid legal liability.

If your loved one fell in a nursing home and suffered injuries as a result, a nursing home neglect lawyer in Florida can explain your rights and legal options. You may be able to seek damages for your loved one’s physical, emotional, and financial losses.

Call Colling Gilbert Wright today at (407) 712-7300 to set up a FREE and confidential case evaluation with one of our dedicated nursing home neglect lawyers. We proudly serve our neighbors in Orlando and throughout Florida. When a loved one falls in a nursing home and can’t advocate for themselves, we must do it for them—and you don’t have to do it alone.

What Happens If a Patient Falls in a Nursing Home?—A Common Example of Nursing Home Negligence

Nursing homes can provide quality care, and many caregivers and staff members are passionate about helping residents who are unable to fully care for themselves. However, it is not uncommon for the responses to falls in nursing homes to be problematic.

For example, the following scenario is unfortunately not uncommon:

A resident falls in a nursing home on her way to the cafeteria. Unable to stand up, she calls for help, but no one comes. Fifteen minutes later, a staff member happens to walk by, and the staff member helps the resident back to her room. The staff member leaves the resident in her room unattended.

The following weekend, during a family visit, the resident complains of pain in her hip and explains that she had fallen previously. A family member inquires with the nursing home, which says it has no record of a fall.

When the family tries to take the resident to the hospital for a diagnosis, the nursing home resists, saying that the resident needs to stay in the facility and that there is no evidence that medical treatment is necessary. When the resident finally receives treatment, her condition is far worse than it should have been as a result of the delay.

What Should Happen When a Resident Falls in a Nursing Home?

Now, what should happen? Let’s start with the same example above. But instead of waiting for help, the resident gets help immediately because staff members are monitoring during the lunch hour.

The staff member contacts the nursing home’s administrator, who promptly arranges transportation to the local hospital. The administrator also contacts the resident’s family immediately and explains what happened.

What if the Nursing Home Doesn’t Do the Right Thing?

When we entrust the care of a loved one to a nursing home, we expect the facility to do the right thing if and when there is a fall. So, when a nursing home doesn’t do the right thing, it should be held accountable for any damages that occur as a result.

With this in mind, if you or a loved one has suffered preventable complications due to a fall in a Florida nursing home, taking the following steps could help to protect your health and your rights:

1. Get Medical Treatment Right Away

If you have not done so already, see a doctor right away. If you or your loved one has already sought medical care, keep documentation of the diagnosis and treatment recommendations. In addition, be sure to follow all instructions and attend every scheduled appointment.

2. Do NOT Let the Nursing Home Tell You What To Do

When dealing with injuries or preventable complications to do with a fall in a nursing home, you do not have to let the nursing home dictate your next steps. Do whatever you believe is necessary to protect yourself or your loved one.

3. Discuss the Incident with Your Loved One & Take Notes

Following a fall in a nursing home, it is important to try to record as many details as possible. Take the time to sit down and walk through the events that took place both before and after the fall. No detail is too small, and anything you or your loved one can remember will be helpful to your nursing home neglect lawyer.

4. Consult a Florida Nursing Home Abuse Lawyer

The economic and non-economic damages that result from falls in nursing homes can be substantial. In order to protect yourself and your loved ones, you should talk to an Orlando nursing home neglect lawyer as soon as possible. They can provide understanding and support as you explore your options for just compensation.

Are Nursing Homes Required To Report Falls?

Yes, nursing homes are generally required to report falls, particularly those that result in injuries. These reports are important for transparency and accountability, and they contain vital information necessary to provide proper care. Federal and Florida state regulations require facilities to document and, in certain cases, report incidents like falls to the appropriate parties.

Under CFR § 483.10(g)(14)(i)(A), facilities must immediately consult with the resident’s physician and notify their representative following an accident that results in injury or has the potential to require medical attention. Additionally, § 483.12(c) requires nursing homes to report alleged violations involving “abuse, neglect, exploitation or mistreatment, including injuries of unknown source.”

Further, Florida Statutes § 400.147 mandates that nursing homes establish an internal risk management and quality assurance program. Nursing homes must investigate “adverse incidents” within one business day and submit a report to the Agency for Health Care Administration (AHCA) within 15 days of the incident.

Unfortunately, some nursing homes fail to comply with these regulations, which can leave families in the dark about their loved one’s care. When this negligence leaves a cherished family member with avoidable complications, we must attempt to advocate for the care and justice they deserve and hold the nursing home accountable.

Can You Sue a Nursing Home for a Fall?

You can sue a nursing home for a fall if negligence caused or contributed to the incident. This could include a lack of supervision, hazardous conditions (like wet floors), or improper staff training.

Nursing homes are legally obligated to provide residents a safe environment and take all reasonable steps to prevent avoidable injuries. When they fail to do so, they may be held accountable for resulting harm.

In addition, there may be grounds for legal action if the nursing home fails to promptly report the fall or inform you of your loved one’s condition. If a facility delays or avoids reporting a fall that results in an injury or requires medical attention, it can lead to complications and further harm, for which the nursing home may be liable.

Filing a lawsuit can help recover compensation for medical bills, pain and suffering, and other losses. It also seeks accountability on behalf of the nursing home, possibly protecting other residents from harm in the future.

Is It Difficult To Sue a Nursing Home for a Fall?

Suing a nursing home for a fall can be challenging. These cases often involve proving that the facility’s negligence directly caused the injury or that their failure to report the fall resulted in worsening injuries.

The nursing home may deny responsibility for the fall or its aftermath. Their insurance company will have the means and the motivation to put up a fight. Working with a nursing home neglect lawyer means you have the support of a skilled and practiced advocate on your side. They can handle the aggressive tactics of insurance companies and give you a better chance of securing fair and just compensation.

How Long Does It Take To Settle a Nursing Home Negligence Case?

The time it takes to resolve a nursing home negligence case depends on the specific and unique factors of your claim. The severity of your loved one’s injuries, disputes about complex liability, and the willingness of the nursing home and their insurance company to cooperate could all affect the duration.

While some cases may settle in a few months, others could take years, especially if it is necessary to go to court.

A trusted nursing home neglect lawyer can help to expedite this process and keep things running smoothly. They can also keep you informed of all developments along the way, giving you peace of mind as you persevere in the fight for what is right.

Read More: Do You Need a Nursing Home Neglect Lawyer?

Consult the Nursing Home Neglect Lawyers at Colling Gilbert Wright Today for FREE

As we get older, we nearly always become more vulnerable to injury and depend on those around us to advocate for our needs. A nursing home’s purpose is to protect older adults and be that advocate when necessary—but sometimes, they fail in their duties.

If you or a loved one falls in a nursing home in Florida, we encourage you to contact Colling Gilbert Wright promptly for a FREE, no-obligation consultation. Our distinguished nursing home abuse lawyers can evaluate your case, provide guidance on next steps, and offer unwavering support as you pursue justice.

We have vast experience serving clients in Orlando, Tampa, Miami, and other areas of Florida. With honesty, care, and integrity, we will work with you to hold nursing homes accountable when they fail to provide the care our loved ones deserve.

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