Nursing homes are designed to be a secure place for older people. Still, with the rising number of fall cases, the law questions the promise of safety in these facilities. While the physical and emotional toll of falls on residents and their families is immense, the legal implications for nursing homes are equally profound. When a nursing home fails to uphold its fall prevention protocols, you must resort to lawsuits to obtain your rightful compensation and seek the justice you deserve.
Legal Steps After a Nursing Home Fall
By law, nursing homes are obliged to protect residents from falls. To ensure liability, you will need a professional team of lawyers to conduct a thorough investigation to prove negligence by the nursing home’s staff or facility. Here are a few steps that must be followed after you or a family member suffers from a fall in a nursing home.
Immediate Medical Aid
Health and safety concerns are your first-most priority. With their aging bodies, falls can result in serious, life-threatening injuries like hip fractures and traumatic brain injuries in the elderly. Such cases should immediately be referred to a nearby hospital for medical attention. An on-site medical specialist within the nursing facility can tend to minor cuts and bruises.
Medical Documentations
Always make sure to keep a copy of all the medical records, reports, and bills for a legal proceeding later on. Such documentation not only tracks the extent and nature of the injury that the fall caused but also provides factual data on any pre-existing conditions in the victim. Monitor the health of the elderly, noting any decline in quality of life. Also, keep track of any follow-up medical necessities like therapy sessions or rehab practices.
Report to the Nursing Home Management
Inform and discuss the incident with the nursing home staff as early as possible. This will give you a brief outlook on their perspective so you can determine whether they own their mistake or play the blame game. Reporting the event also ensures the nursing facility takes necessary actions. Ask them to give you a copy of the report stating all the details of the fall, including time, date, location, witnesses, sequence of events, and details of any staff involved.
Consult with a Specialized Lawyer
Consulting a nursing home law center can help you initiate the lawsuit. It is always wise to hire an attorney who has handled several similar cases to know the statute of limitations. Provide all documentation and case details to your attorney so that he can explain the chances of success and the complexities of the case. The law company will perform a thorough investigation involving taking photographs, inspecting the nursing facility, obtaining testimonials from the staff or eyewitnesses, and reviewing the medical documents to strengthen the case.
Understand Rights and Negligence
Before you delve into the legalities, it is crucial to understand the rights of nursing home residents and the negligence that can result in liability. By law, nursing homes have to provide utmost care for the elderly who cannot look after themselves. This makes them fully entitled to quality personal care, including their physical, emotional, and social needs, a safe environment, and the right to be treated with dignity. In case of a fall injury, the lawyer will have to prove negligence, whether due to environmental hazards, inadequate staffing, lack of mobility aids, or untrained staff in the nursing home.
File a Complaint
Once your attorney has sufficient evidence, he will file a formal report and submit it to the authorities. The pre-trial period begins, and the nursing home will be notified of the case. Allow your lawyers to take the wheel in handling all communication and legal proceedings. Most often, the case will initiate an inspection of the nursing home regarding what they did to prevent the fall or an inquiry about the violations of the resident’s rights.
Demand Compensation for Damages
Most cases are handled out of court before reaching trial. Tracking all punitive damages is necessary to make a rightful demand. We’re not simply talking about medical expenses and financial costs; non-economic damages like pain and reduced quality of life are equally considered. Based on the damages you sustained and the caregiver’s responsibility, both parties come to an agreement where the nursing facility compensates for their negligence.
Conclusion
A fall is always unfortunate, but it can be especially hazardous for the elderly, who have fragile bodies. Nursing homes must provide a protected and safe environment for their residents, and failure to comply with fall prevention strategies can result in severe consequences. By understanding and advocating for the rights of nursing home residents, families can ensure their loved ones receive the care and protection they deserve.
Featured Photo by Jsme MILA
