What Should I Do If My Loved One Suffers a Fall in a Nursing Home?

What Should I Do If My Loved One Suffers a Fall in a Nursing Home?

Caring for a loved one is no small task, especially when they reside in a nursing home. Unfortunately, falls within these facilities are more common than many realize. Research has shown that over half of the 1.6 million U.S. nursing home residents fall each year, and such incidents can result in serious injuries, long-term trauma, and distress for families.

At Roy Injury Law, we’ve spent over 30 years standing up for individuals and families impacted by nursing home negligence. If your loved one has suffered a fall and you suspect it could have been prevented, swift and decisive action is crucial. Follow this step-by-step guide to protect their health, document the situation, and explore your legal options.

Step 1: Get Medical Attention Immediately

Even if your loved one appears unharmed, they may have internal injuries that aren’t immediately visible. Prioritize their health by taking these actions:

• Request an Immediate Evaluation: Insist on having a medical professional evaluate your loved one right away. Don’t rely solely on the nursing home’s internal care team if you feel their response is inadequate.
• Schedule a Follow-Up with Their Doctor: Arrange an appointment with your loved one’s primary physician as soon as possible. They can confirm diagnoses or uncover hidden injuries such as fractures, internal bleeding, or concussions.
• Save Medical Documentation: Keep copies of all medical records, including initial evaluations, test results, and treatment plans. This documentation will be critical if you need to prove the severity of the injuries for legal purposes.

Step 2: Secure and Review the Incident Report

Nursing homes are required to create detailed incident reports for all falls. Request a copy of this report as soon as possible. Here’s what you should do:

• Ask for the Report Quickly: Contact the facility administrator directly to request a copy of the fall report. Don’t delay; getting this document promptly is vital.
• Check for Key Details: Ensure the report includes what happened, who witnessed the fall, where and when it occurred, and the immediate actions taken.
• Persist if Rejected: If facility staff refuse to provide the report, document their refusal. This reaction could indicate attempts to deny liability, so it’s crucial to note this obstruction.

Step 3: Document Evidence Yourself

Gathering evidence about the situation and environment can strengthen any legal case you might pursue. Use the following steps to thoroughly document the conditions surrounding the incident:

• Photograph Injuries and Hazards: Take pictures of visible injuries on your loved one, such as bruises, cuts, or swelling. Also, document any environmental hazards that contributed to the fall, like wet floors, poor lighting, or damaged handrails.
• Write Down What You Observe: Record your observations about the incident, including anything that seems unusual, such as delays in staff response or unsafe conditions in the room or hallway.
• Organize Evidence: Keep this information in an organized file, whether physical or digital, for easy access as necessary.

Step 4: Identify and Speak to Witnesses

Understanding what led to the fall is key to determining whether the nursing home failed to provide adequate care. Eyewitness accounts can provide clarity and support your findings. Here’s how to approach this step:

• Find Witnesses Quickly: Speak to anyone who might have witnessed the fall, including residents, visitors, and staff members.
• Ask the Right Questions: Focus on details like whether staffing seemed adequate, if there was dangerous clutter or spills, and whether anyone noticed your loved one struggling before the fall.
• Record Statements: Write down who you spoke to, their contact information, and the key points of their account.

Step 5: Investigate Possible Negligence

Once you’ve collected basic information, dig deeper into whether the nursing home could have prevented the fall. Ask yourself the following questions:

• Were There Environmental Issues? For instance, were there tripping hazards like uneven flooring, or did the facility fail to maintain proper lighting?
• Was There Adequate Supervision? Determine if enough staff members were available to assist residents, especially during high-risk times like meal hours or evening routines.
• Were Staff Properly Trained? Consider whether caregivers demonstrated competence in supporting the mobility and safety needs of residents.

Step 6: Check Fall Prevention Protocols

Every nursing home is required to implement policies designed to minimize fall risks. These measures include:

• Resident Assessments: Did the staff review your loved one’s fall risk regularly?
• Mobility Aids: Were adequate tools, like walkers, grab bars, and handrails, available and accessible?
• Medication Monitoring: Was your loved one on medications that could cause side effects like dizziness, and if so, was their condition properly managed?

If the nursing home failed to follow these protocols, it could suggest negligence. Document your findings to support any legal claims.

Step 7: Consult with a Nursing Home Negligence Attorney

If you suspect that the nursing home’s actions (or inactions) contributed to your loved one’s fall, seeking professional legal advice is the next step. Here’s what to do:

• Contact an Experienced Attorney: Choose an attorney who is skilled in nursing home negligence.
• Share Your Evidence: Present your medical records, incident report, witness statements, and photos to help the attorney understand the situation.
• Discuss Compensation Possibilities: An attorney can outline what types of compensation you may pursue, such as covering medical expenses, pain and suffering, or assisted living facility relocation costs.

Step 8: Focus on Advocacy and Accountability

When nursing homes fail to uphold their duty of care, holding them accountable can protect other residents from harm. Taking legal action isn’t just about compensation; it’s about creating safer environments for vulnerable individuals.

The Bottom Line

If your loved one suffers a fall in a nursing home, remember that time is critical. Act immediately to secure medical care, gather evidence, and investigate what really happened. By following these actionable steps, you can ensure your loved one’s health and safety while exploring meaningful ways to seek justice.

At Roy Injury Law, we’re dedicated to standing beside families during challenging times. If you need help navigating this process, reach out to us today for compassionate and experienced guidance. Together, we can hold negligent facilities accountable and advocate for a safer future.