Estimated reading time: 10 minutes
Table of contents
- Why Falls Happen in Nursing Homes
- When Is a Nursing Home Legally Liable for a Fall?
- What Should You Do If Your Loved One Falls in a Nursing Home?
- What Compensation May Be Available?
- Meet Our Nursing Home Abuse Attorney Steven J. Rogers Jr.
- Frequently Asked Questions About Nursing Home Falls in New Jersey
- Contact Pellettieri Rabstein & Altman
Falls are among the most serious safety concerns for older adults and residents of long-term care facilities. According to the CDC, falls are the leading cause of injury and injury-related death among adults age 65 and older.
Nursing home residents may face an increased risk of falling because of mobility limitations, muscle weakness, cognitive impairment, vision problems, medical conditions, or medications that cause dizziness, sedation, or changes in blood pressure.
Although not every fall can be prevented, many fall risks can be reduced through appropriate assessment, supervision, staffing, medication management, environmental safety measures, and individualized care.
When a nursing home knows or should know that a resident is at risk of falling, the facility may have a responsibility to take reasonable measures to reduce that risk. If negligent care contributes to a resident’s fall and resulting injuries, the facility or other responsible parties may potentially be held liable.
If your loved one suffered serious injuries in a fall at a nursing home in New Jersey, an investigation can help determine whether the fall was an unavoidable accident or resulted from inadequate supervision, understaffing, unsafe conditions, failure to follow a care plan, or another form of negligence.
An experienced nursing home fall lawyer in New Jersey can investigate what happened, preserve important evidence, and determine whether there may be grounds for a claim.
Why Falls Happen in Nursing Homes
Nursing home residents may fall for many different reasons. Some risk factors are related to a resident’s health or medical condition, while others may involve conditions or care practices that are within the facility’s control.
Potential causes and contributing factors include:
- Inadequate staffing that leaves residents without assistance during transfers, toileting, walking, or other activities
- Failure to properly assess a resident’s risk of falling
- Failure to update assessments after a change in the resident’s condition
- Failure to follow fall prevention measures included in a resident’s care plan
- Wet floors, inadequate lighting, uneven surfaces, broken handrails, or other unsafe conditions
- Improper use of wheelchairs, walkers, lifts, or other mobility equipment
- Medication errors or medications that contribute to dizziness, weakness, or excessive sedation
- Inadequate staff training involving transfers and mobility assistance
- Failure to respond appropriately after a previous fall
- Failure to provide appropriate assistance when a resident attempts to stand, walk, or use the bathroom
A fall does not automatically mean that a nursing home was negligent. The question is whether the facility provided reasonable and appropriate care based on the resident’s known needs and risks.
When Is a Nursing Home Legally Liable for a Fall?
Nursing homes in New Jersey have responsibilities to provide appropriate care and maintain a reasonably safe environment for residents.
Liability may arise when a nursing home or healthcare provider fails to meet the applicable standard of care and that failure causes or contributes to a resident’s injuries.
Several types of negligence may contribute to a nursing home fall.
1. Negligent Supervision
Some residents need assistance when walking, transferring from a bed to a wheelchair, using the bathroom, bathing, or performing other daily activities.
If a facility knows that a resident is at risk of falling but fails to provide appropriate supervision or assistance, the facility may potentially be responsible when that failure contributes to a fall.
2. Failure to Follow the Care Plan
Nursing home residents generally receive individualized care planning based on assessments of their medical conditions, functional abilities, and care needs.
For a resident at risk of falling, the care plan may include specific interventions designed to reduce that risk.
Depending on the resident, these measures may include:
- Assistance with transfers
- Scheduled toileting
- Mobility assistance
- Appropriate footwear
- Placement of frequently used items within reach
- Use of appropriate assistive devices
- Increased observation or supervision
- Physical or occupational therapy
- Review of medications that may increase fall risk
If staff members fail to implement appropriate care plan interventions and a resident is injured as a result, that failure may be evidence of negligence.
3. Unsafe Premises
Nursing homes must also address hazards within the facility.
Potential hazards can include:
- Wet or slippery floors
- Poor lighting
- Broken equipment
- Damaged handrails
- Uneven flooring
- Cluttered walking areas
- Improperly maintained wheelchairs or mobility equipment
Whether an unsafe condition creates liability depends on the circumstances surrounding the fall and whether the facility knew or should have known about the hazard.
4. Inadequate Staffing
A lack of sufficient staff can affect many aspects of resident safety.
When employees are responsible for too many residents at once, they may not be available when a resident needs assistance with walking, toileting, transferring, or getting out of bed.
Staffing problems may also lead to delayed responses to call lights, incomplete assessments, missed care plan interventions, and inadequate monitoring of residents with known fall risks.
If inadequate staffing contributes to a resident’s fall, staffing records and schedules may become important evidence in a nursing home negligence claim.
5. Failure to Reassess After a Prior Fall
A previous fall can be an important warning that a resident’s condition or care needs have changed.
After a fall, staff should appropriately evaluate what happened and determine whether additional interventions or changes in the resident’s care are necessary.
If a facility repeatedly fails to address known fall risks or does not appropriately respond to earlier falls, those facts may become important evidence when evaluating a later injury.
What Should You Do If Your Loved One Falls in a Nursing Home?
If a nursing home resident falls, the immediate priority should be the resident’s health and safety.
Families should also consider preserving information that may help explain why the fall occurred.
1. Make Sure the Resident Receives Medical Attention
A resident should be appropriately evaluated after a fall, particularly when there is pain, confusion, loss of consciousness, limited mobility, or another sign of injury.
Some injuries, including fractures, head injuries, or internal injuries, may not always be immediately obvious.
2. Ask About the Incident Report
Ask the facility whether an incident report or other documentation was prepared concerning the fall.
An attorney may be able to obtain relevant records during an investigation or legal claim.
3. Document the Injury and Location
When appropriate, take photographs of visible injuries and the location where the fall occurred.
Document hazards such as wet flooring, poor lighting, damaged equipment, or other conditions that may have contributed to the incident.
4. Preserve Medical and Care Records
Evidence may include:
- Medical records
- Nursing notes
- Care plans
- Fall risk assessments
- Medication records
- Therapy records
- Hospital records
- Incident documentation
- Staffing information
These records may help determine whether the facility identified the resident’s fall risk and whether appropriate interventions were followed.
5. Keep Notes About Important Conversations
Document important conversations with nurses, administrators, physicians, and other individuals who provide information about the fall.
Include the date, the people involved, and what was discussed.
6. Ask an Attorney About Preserving Surveillance Video
Some nursing homes use surveillance systems in common areas.
If video may exist, it can be important to act promptly because facilities may retain recordings only for a limited period under their normal retention practices.
A nursing home attorney can take steps to request preservation of potentially relevant evidence.
What Compensation May Be Available?
A successful nursing home fall lawsuit may provide compensation for losses caused by the resident’s injuries.
Depending on the circumstances, damages may include:
- Medical expenses
- Hospitalization
- Surgery
- Rehabilitation
- Pain and suffering
- Permanent impairment
- Additional long-term care needs
- Loss of quality of life
- Other damages associated with the injury
If a resident dies as a result of injuries caused by a fall, the appropriate representative may also be able to pursue wrongful death and survival claims under New Jersey law.
The types and amount of compensation available depend on the circumstances of each case.
Meet Our Nursing Home Abuse Attorney Steven J. Rogers Jr.
Steven J. Rogers Jr. is a Partner at Pellettieri Rabstein & Altman and a civil trial attorney with the firm’s Personal Injury and Nursing Home Departments.
His practice includes nursing malpractice, medical malpractice, wrongful death, premises liability, and other serious personal injury matters.
Mr. Rogers represents injured individuals and families in complex civil litigation involving allegations of negligent care by nursing homes and other healthcare providers.
Among the results featured by PR&A Law is a $750,000 wrongful death settlement involving negligent medication deprivation at a nursing home. According to the firm’s case result, the failure to provide necessary medication contributed to the resident’s death, and the case was resolved before trial.
Every case involves different facts and circumstances, and past results do not guarantee a similar outcome.
Frequently Asked Questions About Nursing Home Falls in New Jersey
Q: Does every nursing home fall mean the facility was negligent?
A: No. A fall by itself does not prove negligence. Some falls can occur even when a facility takes reasonable precautions. A potential claim may arise when the nursing home fails to provide appropriate care, supervision, staffing, fall prevention measures, or a reasonably safe environment and that failure causes or contributes to the resident’s injuries.
Q: How long do I have to file a nursing home fall lawsuit in New Jersey?
A: New Jersey generally has a two year statute of limitations for personal injury actions. However, determining when the limitations period begins and whether an exception applies can depend on the circumstances.
Other deadlines may also apply in certain situations. Because missing a deadline can affect the right to pursue compensation, it is important to speak with an attorney promptly rather than assuming that every case has exactly two years from the date of the fall.
Q: What if my loved one has dementia or cannot speak for themselves?
A: A resident’s dementia, cognitive impairment, or inability to communicate does not automatically prevent a legal claim.
However, not every family member automatically has legal authority to file a lawsuit on behalf of an incapacitated adult. Depending on the circumstances, a guardian, legal representative, or other properly authorized person may need to act for the resident.
Medical records, incident reports, care plans, photographs, witness testimony, and other evidence may be particularly important when the resident cannot explain what occurred.
Q: What if the nursing home says the fall was unavoidable?
A: A facility may contend that a fall could not have been prevented. Whether that explanation is supported by the evidence depends on the circumstances.
An investigation may include reviewing the resident’s fall risk assessments, care plan, prior falls, medical records, medication records, staffing information, and facility policies to determine whether appropriate preventive measures were taken.
Q: What evidence can help prove a nursing home fall case?
A: Important evidence may include medical records, nursing notes, fall risk assessments, care plans, incident documentation, staffing records, medication records, photographs, surveillance footage, witness statements, and records relating to prior falls.
The evidence needed depends on how the fall occurred and the particular allegations of negligence.
Q: Do I need an attorney for a nursing home fall case?
A: An attorney is not legally required in every case, but nursing home negligence claims can involve complicated medical evidence, facility records, regulations, expert testimony, insurance issues, and disputes about whether the facility met the appropriate standard of care.
An experienced nursing home attorney can investigate the fall, obtain relevant records, preserve evidence, identify potentially responsible parties, and evaluate what legal claims may be available.
Q: How much does it cost to speak with a PR&A nursing home fall attorney?
A: PR&A offers a free initial consultation for potential nursing home negligence matters. The firm’s attorneys can explain the fee arrangement and any potential costs associated with pursuing a claim during the consultation.
Contact Pellettieri Rabstein & Altman
When your loved one is seriously injured in a nursing home fall, you deserve to understand what happened.
Although not every nursing home fall is caused by negligence, preventable risks involving inadequate staffing, failure to supervise residents, unsafe conditions, medication problems, or failure to follow a resident’s care plan should be carefully investigated.
Acting promptly can also be important because records, surveillance footage, witness recollections, and other evidence may become more difficult to obtain over time.
Contact the nursing home fall attorneys at Pellettieri Rabstein & Altman for a free and confidential consultation about your loved one’s fall.
Our attorneys can review the circumstances, explain your legal options, investigate the nursing home’s care, obtain relevant records, and deal with insurance companies and other parties involved in the claim. Our goal is to allow you to focus on your loved one’s care while we investigate what happened and pursue appropriate compensation from those who may be legally responsible.
