Nursing home residents in California are at high risk for falls. While anyone can be injured in a slip and fall accident, nursing home falls are often the result of negligence. If you or your loved one has been injured in a nursing home fall, J&Y Law can help.
Our legal team is dedicated to holding negligent nursing homes accountable for failing to provide their residents with a safe environment. We have a proven history of achieving significant settlements and jury verdicts and will leverage our skills and experience to win the maximum compensation you deserve. Please reach out to our office today to schedule a free consultation.
Why Are Falls in California Nursing Homes So Common?
Nursing home residents can fall for a number of reasons, not the least of which is a health condition that impacts their mobility and balance. Because residents are at a high risk of falls, nursing homes have an obligation to protect them. Some of the common causes of nursing home falls include:
- Inadequate staffing — Nursing homes often attempt to cut costs by reducing skilled nursing staff or hiring inexperienced employees. This can lead to incidents such as poorly supervised residents trying to get out of bed or navigate their way to the restroom, especially at night when no one is immediately available to assist them. One way to prevent these incidents is to install a bed alarm that goes off when a resident leaves his or her bed.
- Lack of proper equipment — Nursing home beds should be equipped with bed rails and the bed should be adjusted at the proper height, not high off the ground. Bed rails and bed safety bumpers can help to prevent nursing home falls.
- Drugs — Nursing homes often administer medications to patients (e.g. antipsychotics, tranquilizers) to sedate them, which can cause confusion, an unsteady gait and loss of balance. Such medications should be used minimally — and the use of chemical restraints without a doctor’s order is a form of nursing home abuse.
- Lack of a care plan — Nursing homes are required to create a plan of care when residents enter a facility to ensure that they can move about safely. Failing to create, adhere to or modify a care plan may also be considered nursing home negligence.
Who is Responsible for Nursing Home Falls?
When a resident is injured in a preventable fall, the nursing home may be held liable for breaching its duty of care, which is generally established by the admissions contract. Our nursing home injury lawyers will conduct a thorough investigation to determine the cause of your loved one’s fall. This includes:
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Obtaining and reviewing the care plan
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Identifying and interviewing witnesses
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Obtaining reports of fall incidents (required under state and federal law)
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Compiling medical evidence demonstrating your loved one’s injuries
If we determine that the nursing home was negligent, we will explore all your options for obtaining compensation. Although nursing homes and their insurance companies typically attempt to deny liability for residents who are injured in falls, we know how to hold them accountable, whether at the negotiating table or in the courtroom.
Statistics On Nursing Home Falls
Nursing home residents are not only at a greater risk of falling but a higher risk of being seriously injured in a fall. According to the Centers for Disease Control and Prevention (CDC):
- 50 to 75 percent of nursing home residents fall each year (twice the risk of falling than seniors living in the community)
- 10 to 20 percent of nursing home falls result in serious injuries
- 2 to 6 percent of nursing homes falls result in fractures (e.g. hip, wrist, arm)
- 1,800 nursing home residents die from falls in any given year
While these are grim statistics, filing a lawsuit will not only allow you to recover compensation for your loved one injuries or wrongful death, it can also help to enforce standards of care in the nursing home industry.
Common Fall Injuries
Some of the most common injuries caused by nursing home falls include:
- Broken bones, especially hip fractures
- Back injuries
- Shoulder injuries
- Sprains
- Head injuries
- Traumatic brain injuries
After a fall, many nursing home residents experience a decline in their ability to function and emotional harm. You can rest assured that we will fight to right this wrong.
How Much Is Case Worth?
Although each case is unique, J&Y Law will work tirelessly to help you and your loved one recover damages, such as:
- Past and future medical expenses
- Pain and suffering
- Loss of quality of life
- Loss of earnings
If your loved one died as a result of a nursing home fall, damages available through a wrongful death claim include:
- Loss of care, companionship
- Loss of economic benefit to heirs
- Funeral costs
If the nursing home is found in violation of California’s Elder Abuse Law, you may also be awarded punitive damages and attorneys’ fees. When you come to J&Y, you will have peace of mind knowing that our dedicated advocates are in your corner.
Contact Our Experienced California Nursing Home Negligence Lawyers
If you or your loved one has been injured in a nursing home fall, turn to J&Y Law. We will offer you knowledge, compassion and aggressive representation. Above all, we will fight to help you obtain the maximum compensation you deserve. The sooner you contact our office, the sooner we can get started on your nursing home fall claim.