Unlike many types of accidents, falls are often preventable with adequate and trained staff providing proper care and monitoring. Even if the actual fall event is an accident many facilities fail to take the necessary required steps to protect the interests of the vulnerable adult, by not adequately responding to the fall event.

After a fall the individual needs to be closely monitored and assessed by qualified nursing or home staff. Often the nursing home does not insure that the resident is assessed by a RN or medical doctor, rather they rely on the LPN and nursing assistant staff to look for changes in the condition of the resident that could signal a problem related to the fall, the most common of which is a subdural hematoma, leading to brain swelling, and often death.

Frequently falls result in the breaking of a bone, many times at the level of a joint such as in the hip or knee. The injury may result in the resident becoming bedridden or confined to a wheelchair for rehabilitative care. The loss in ambulation can then lead to many other risk factors such as bed sores from the pressure of laying on the same area for extended periods of time, and loss of muscle strength, leading to additional falls. Fall injuries can also lead to death months after the incident from complications such as pneuomonia.

Avoiding falls is very important and should be one of the primary focuses in the nursing home. To protect the residents the nursing home should be frequently monitoring the resident to determine the risks for falling and taking interventions to reduce the change of a fall incident. The effectiveness of the interventions should be evaluated to ensure the effectiveness of safety interventions and if they need to be modified. This is particulary important if there is any sudden change in a resident’s ability to function physically and changes with the cognitive or behavior status of the resident. These changes could be due to an underlying medical condition which needs to be addressed, or problems with medication or numerous other issues. Assessments needed to be performed by a qualified RN nurse, not lower level nursing staff, who should instead be making observations, and reporting their finding to those qualified to inact appropriate safety measures.

If you or someone you love have suffered from a serious fall or trauma in a nursing home, contact a nursing home abuse attorney about your legal options.

Falls and Trauma Complications

Many people are surprised to hear the truth behind nursing home falls. More than 100 nursing home residents die in Minnesota every year due to a traumatic fall. Furthermore, hospital bills to treat patients who succumb to a fall totaled more than $1.1 billion in Minnesota between 1998 and 2005. The worst part about these numbers that, in many instances, the falls and trauma endured could be easlily avoided with proper care and support.

Falls can result in the following:

• Fractures, such as hip fractures
• Head injuries/subdural hematomas
• Death
• Paralysis and bed rest
• Surgical intervention
• Long term disability /loss of mobility
• Extreme suffering and pain
• Expensive medical treatment and care

Federal Regulations Require Nursing Homes to Take Reasonable Measures to Prevent Accidents
A nursing home must ensure that the resident receives adequate supervision and assistive devices to prevent accidents. 42 CFR §483.25 (h)
(h) Accidents. The facility must ensure that—
(1) The resident environment remains as free of accident hazards as is possible; and
(2) Each resident receives adequate supervision and assistance devices to prevent accidents.

Nursing Home Abuse and Falls

Although many residents are in nursing homes due to their need for 24/7 care and supervision many falls and other preventable traumatic injuries occur due to inadequate oversight, including:

• Residents are left unattended on the toilet and elsewhere
• Residents are improperly transferred from one position to another
• Nursing home does not provide proper equipment to reduce risks of falls, including crash mats, low beds and alarm systems
• Nursing home environmental hazards such as slippery floors
• Lack of safety devices or inadequate safety devices

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

Kenneth L. LaBore is an attorney experienced with the federal and state regulations and industry standards of care created to reduce the liklihood of injuries to nursing home residents from falls and other preventable accidents. If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to klabore@prslegal.com, or call Ken directly at 612-767-7503. toll free at 800-774-0757 or fill out the form on this page to discuss your case.