My loved one died after falling at a nursing home- Do I have a claim?

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If your loved one died after falling at a nursing home, you may be able to claim wrongful death and sue the facility for neglect. If the nursing home is found guilty, they will be responsible for compensating the deceased person’s estate. Since falls are preventable, a nursing home is obligated to take the right precautions to protect its residents from falls. If a nursing home neglects to prevent its residents from falling, that facility may be responsible for any resulting injuries.

By law, nursing homes are required to assess the needs of each of their residents and provide care accordingly. This involves creating an individual health care plan based on a resident’s individual needs and state of health. A nursing home should then take steps to implement this plan, providing special equipment and safeguards as necessary.

If a nursing home fails to create and implement a plan that takes into consideration a resident’s specific needs, or if they fail to update that plan based on changing circumstances, then they can be held responsible for resulting injuries.

Similarly, nursing homes can be held accountable for not taking adequate care of residents, neglecting to follow protocol, hiring staff who lack the necessary knowledge or experience, or understaffing their facility. A nursing home that neglects risks like slippery floors, low lighting, or other environmental hazards can also be held responsible for a fall.

Nursing homes have a legal duty to use reasonable care to prevent their residents from falling. Facilities should prevent falls by hiring enough staff with the right training, minimizing hazardous conditions, and being attentive to the needs of each resident.

If a nursing home fails to take these precautions, and a resident falls, then that facility may be liable for the consequences, which can include injuries and death. This means that the nursing home may be responsible for medical bills, out-of-pocket expenses, and related pain and suffering.

If your loved one died after falling at a nursing home or assisted living facility, and you are wondering if you have a claim, please feel free to call and speak to one of our experienced Georgia nursing home neglect lawyers today. Our consultations are always free. If you would like more information about this topic, be sure to click on our other videos, or better yet, click the subscribe button to subscribe to our YouTube channel. Thank you.

FAQs

  • What steps should I take if my loved one falls at a nursing home?
    • If your loved one falls at a nursing home, it’s crucial to ensure their immediate safety and well-being. Seek medical attention promptly to assess and treat any injuries. Notify the nursing home staff and request a detailed incident report. Document the circumstances surrounding the fall and advocate for a comprehensive review of your loved one’s care plan to prevent future falls. Consider consulting with an experienced Atlanta nursing home abuse lawyer to understand your legal options and ensure your loved one’s rights are protected.
  • What factors contribute to falls in nursing homes?
    • Falls in nursing homes can occur due to various factors, including mobility issues, medication side effects, environmental hazards such as slippery floors or inadequate lighting, improperly fitted or maintained mobility aids, and understaffing leading to insufficient supervision or assistance with mobility. Identifying and addressing these factors is essential for implementing effective fall prevention strategies and ensuring the safety of residents.
  • What measures can nursing homes take to prevent falls?
    • Nursing homes can implement several strategies to prevent falls and promote resident safety. These may include conducting comprehensive fall risk assessments for all residents, developing individualized care plans tailored to residents’ needs and risk factors, ensuring adequate staffing levels to provide supervision and assistance with mobility, maintaining a safe and supportive environment with clear pathways and handrails, educating staff and residents about fall prevention strategies, and regularly reviewing and updating fall prevention protocols based on ongoing assessments and feedback. Working closely with families and healthcare professionals can further enhance fall prevention efforts and improve resident outcomes.