Yes, a nursing home fall may be considered neglect if it results from the facility’s failure to meet a reasonable standard of care. Under Georgia law, nursing homes have a legal duty to assess each resident’s fall risk and implement appropriate safety measures to prevent injuries.
When a fall occurs because staff ignored established protocols, failed to provide adequate supervision, or did not respond promptly to call bells, the facility may be held accountable for neglect. However, not all falls are automatically classified as neglect.
If your loved one suffered an injury in a nursing home fall, contact our team to explore your options. Our Atlanta nursing home abuse lawyers have recovered millions of dollars for victims of nursing home abuse and their families. Call today for a free consultation.
What Happens When a Resident Falls in a Nursing Home?
When a resident falls in a nursing home, the staff must assess the individual for injuries and seek medical attention if necessary. Facilities are expected to document the incident thoroughly, report it to the appropriate authorities, and notify the resident’s family or legal agent.
Additionally, the nursing home should perform an analysis to identify what caused the fall and whether care plans need updating. In many cases, they must also report serious injuries to state regulators, who could visit the facility and conduct their own investigation.
The nursing home should develop a follow-up plan to prevent recurrence, which may include changes in supervision, physical therapy, activity interventions, or room adjustments. When facilities don’t adjust their approach after a resident’s fall, it can be a sign of general negligence.
Are Nursing Homes Liable for Falls?
In Georgia, courts can hold nursing homes liable for falls when the facility’s negligence or failure to provide appropriate care causes injury. A nursing home breaches its duty of care when it ignores a resident’s known fall risk or fails to implement necessary safety measures.
Staff may also create liability if they lack proper training, provide inadequate supervision, or maintain an unsafe environment. If that breach directly results in a fall and injury, the facility may face legal consequences.
However, when staff follow all appropriate protocols and a fall occurs despite reasonable precautions, the nursing home may not be held liable. Each case depends on the specific facts and whether the care met accepted professional standards.
Can You Sue a Nursing Home for a Fall?
Yes, in Georgia, you can sue a nursing home when a fall results from negligence or neglect. You or your attorney can file a personal injury or wrongful death lawsuit on behalf of the resident to pursue compensation for medical bills, pain and suffering, and other related damages.
To succeed, you must prove that the nursing home owed a duty of care, failed to fulfill that duty, and directly caused the resident’s injury. These cases often rely on expert testimony and detailed medical documentation to support the claim.
If you’re considering legal action, consult an experienced elder law attorney who focuses on nursing home abuse and neglect to evaluate your options and build a strong case. Your attorney can often settle your case out of court.
What Constitutes Negligence in a Nursing Home?
A nursing home commits negligence when its staff or administrators fail to provide the level of care that a reasonably competent provider would offer in similar circumstances. Staff may ignore a resident’s needs, fail to prevent foreseeable injuries, or provide inadequate supervision.
For instance, a nursing home fall may be considered neglect if caregivers know a resident is a fall risk but fail to assist with mobility, and the resident suffers an injury.
Medication errors, delayed responses to emergencies, and failure to maintain clean, safe environments also fall under this category. To prove negligence, the injured party must show that the nursing home breached its duty of care and directly caused the resident’s harm.
What Is the Definition of Neglect in a Nursing Home?
In Georgia, nursing home neglect is defined as the failure to provide necessary care and services that a resident needs to avoid physical harm, pain, mental anguish, or emotional distress.
Unlike abuse, which involves intentional harm, neglect can result from carelessness, understaffing, or poor management. If a facility knows a resident requires fall prevention measures and fails to implement them, leading to an injury, that’s a clear example of neglect.
Georgia law allows for investigation and penalties when neglect is suspected, and repeated or severe neglect can result in civil liability or loss of a facility’s operating license.
What Should You Do if You Suspect Nursing Home Neglect?
If you believe a nursing home fall was due to neglect in Georgia, report the issue to the facility’s administrator. Nursing home administrators are mandatory reporters in Georgia, meaning they must officially report any suspected cases of abuse.
You can file a complaint with the Georgia Department of Community Health’s Healthcare Facility Regulation Division, which oversees long-term care facilities. You may also wish to report your concern to the trained long-term care ombudsman assigned to your area.
Contact an attorney to discuss legal options. At Schenk Nursing Home Abuse Law, we offer free consultations, so you don’t need to worry about involving a lawyer when you aren’t sure your concerns amount to neglect. Call today to tell us your story and find out how we can help.
