Falls Are the Leading Cause of Injury in Nursing Homes
Falls are the most common type of accident in nursing homes and assisted living facilities. According to federal data, more than half of nursing home residents fall at least once per year. Many fall multiple times. For elderly residents, even a single fall can be devastating.
A fall can cause hip fractures, traumatic brain injuries, spinal injuries, and other serious harm. For frail elderly residents, these injuries often lead to rapid decline, loss of independence, and death. When a nursing home fails to protect its residents from preventable falls, that is negligence. The facility and its operators can be held legally accountable.
Why Nursing Home Falls Happen
Nursing home residents are vulnerable. Many have mobility issues, balance problems, cognitive impairment, and medical conditions that increase their fall risk. The nursing home knows this. That is precisely why it has a duty to assess each resident’s fall risk and take appropriate precautions.
Falls happen in nursing homes for preventable reasons:
Understaffing
This is the most common underlying cause of nursing home falls. When there are not enough staff members to assist residents with walking, transfers, and toileting, residents attempt to move on their own and fall. Residents who call for help and wait too long may try to get up without assistance. Understaffing is a choice that nursing home operators make to save money, and residents pay the price.
Failure to Assess Fall Risk
Federal and state regulations require nursing homes to assess each resident’s fall risk upon admission and at regular intervals. Residents with a history of falls, balance problems, medication side effects, or cognitive impairment are at higher risk. When the facility fails to do a proper assessment, it cannot put appropriate precautions in place.
Failure to Implement Fall Prevention Plans
Once a fall risk is identified, the nursing home must develop and follow a care plan to prevent falls. This may include:
- Assisting the resident with walking and transfers
- Using bed alarms and chair alarms
- Keeping the call bell within reach
- Using non-slip footwear
- Lowering the bed height
- Placing mats beside the bed
- Providing a walker or wheelchair
- Scheduling regular toileting assistance to prevent residents from getting up alone
When the care plan exists on paper but staff do not follow it, falls happen.
Medication Side Effects
Many medications commonly prescribed to nursing home residents cause dizziness, drowsiness, low blood pressure, and impaired balance. Sedatives, anti-anxiety medications, blood pressure drugs, and pain medications all increase fall risk. The nursing home’s medical staff must monitor residents for these side effects and adjust medications or precautions accordingly.
Environmental Hazards
Nursing homes must maintain safe physical environments. Common environmental hazards that cause falls include:
- Wet floors from spills or cleaning
- Cluttered hallways and rooms
- Poor lighting, especially at night
- Missing or loose handrails
- Broken or uneven flooring
- Beds that are too high
- Wheelchairs and walkers that are not properly fitted or maintained
Inadequate Supervision of Cognitively Impaired Residents
Residents with dementia or Alzheimer’s disease may wander, attempt to stand without help, or become confused and agitated. These residents require closer supervision. When the nursing home does not provide it, falls are predictable.
When Is a Nursing Home Liable?
Not every fall in a nursing home means the facility was negligent. Some falls happen despite reasonable precautions. But when a fall results from the nursing home’s failure to meet the standard of care, the facility is liable.
Negligence exists when:
- The nursing home failed to assess the resident’s fall risk
- The facility did not create or follow an appropriate fall prevention plan
- Staff were not available to assist the resident because of understaffing
- Environmental hazards were not addressed
- The resident’s medications were not properly monitored
- The resident had previous falls, and the facility failed to adjust the care plan
Federal and State Regulations
Nursing homes that accept Medicare and Medicaid must comply with federal regulations under 42 CFR Part 483. These regulations require facilities to:
- Provide each resident with a comprehensive assessment
- Develop an individualized care plan
- Ensure adequate staffing
- Maintain a safe environment
- Prevent avoidable accidents
Illinois also has its own Nursing Home Care Act, which sets additional standards for nursing home care and creates a private right of action for residents who are harmed by violations.
Violations of these regulations are strong evidence of negligence. State inspection reports, which document deficiencies found during surveys, are publicly available and can be powerful evidence in a fall case.
Types of Legal Claims for Nursing Home Falls
Depending on the circumstances, several types of legal claims may apply:
Negligence
The most common claim. You must prove the nursing home owed a duty of care, breached that duty, and the breach caused the resident’s injuries.
Nursing Home Abuse and Neglect
Under the Illinois Nursing Home Care Act, residents have specific rights, and facilities that violate those rights can be held liable. Neglect, which includes failing to provide adequate care and supervision, is actionable under this statute. The Act allows for damages and, in some cases, attorney’s fees.
Wrongful Death
When a nursing home fall results in death, the resident’s family may file a wrongful death claim. Hip fractures in elderly residents have a high mortality rate. Complications from fall injuries, including pneumonia, blood clots, and infections, frequently prove fatal.
Proving Your Nursing Home Fall Case
Nursing home fall cases require specific evidence:
Medical Records
The resident’s complete medical records, including nursing notes, physician orders, medication records, and therapy notes, are essential. These records show the resident’s fall risk, what precautions were in place, and whether staff followed the care plan.
Care Plans and Assessments
The resident’s care plan should document fall risk and prevention measures. If the plan was inadequate or not followed, that is evidence of negligence.
Staffing Records
Staffing logs show how many nurses and aides were on duty at the time of the fall. If the facility was understaffed, that is a significant factor in establishing negligence.
Incident Reports
Nursing homes are required to document falls in incident reports. These reports may contain important information about how the fall happened and what the resident was doing at the time.
State Inspection Reports
Illinois Department of Public Health inspection reports document deficiencies found during facility surveys. Prior citations for fall-related issues or staffing deficiencies are strong evidence.
Expert Testimony
Nursing home cases typically require expert testimony from nursing professionals who can explain the standard of care and how the facility fell short.
Common Injuries from Nursing Home Falls
Elderly nursing home residents are especially vulnerable to fall injuries:
- Hip fractures, which often require surgery and have high complication rates in the elderly
- Subdural hematomas and traumatic brain injuries, especially in residents on blood-thinning medications
- Spinal fractures and back injuries
- Wrist and shoulder fractures
- Lacerations and skin tears
For many elderly residents, a serious fall triggers a downward spiral. They become bedridden, develop bedsores, lose muscle mass, and become susceptible to infections and blood clots. The fall itself may not be the immediate cause of death, but it sets everything in motion.
Compensation Available
If your loved one was injured in a preventable nursing home fall, you may recover:
- Medical expenses, including hospitalization, surgery, and rehabilitation
- Pain and suffering endured by the resident
- Loss of enjoyment of life
- In wrongful death cases, funeral expenses, loss of companionship, and other damages
- Under the Illinois Nursing Home Care Act, potential attorney’s fees and statutory damages
Statute of Limitations
The statute of limitations for nursing home negligence claims in Illinois is generally two years from the date of injury or, in wrongful death cases, two years from the date of death. Under the Nursing Home Care Act, the timeline may differ slightly. Talk to an attorney right away to ensure your claim is filed on time.
Holding Nursing Homes Accountable
Nursing home operators have a responsibility to keep your loved one safe. When they cut corners on staffing, skip assessments, and ignore fall risks, they must be held accountable. Taking legal action not only seeks justice for your family member but also pushes the facility to improve its care for all residents.
An experienced nursing home negligence attorney understands the regulations, knows how to obtain facility records, and can work with medical experts to build a strong case. Dealing with the facility’s insurance and liability carriers requires legal skill and determination.
Contact Phillips Law Offices
If your loved one was injured or killed in a preventable fall at a Chicago nursing home, Phillips Law Offices can help you hold the facility accountable and seek the compensation your family deserves.
Call Phillips Law Offices at (312) 346-4262 or contact us online for a free consultation.