When you learn that your loved one fell in a nursing home, the fear and frustration can be overwhelming. You trusted this facility to keep them safe, and now they’re hurt. You’re left wondering whether the fall could have been prevented and whether the nursing home is responsible.
The truth is, not every fall in a nursing home is unavoidable. Many falls happen because facilities fail to follow basic safety protocols. If your loved one was injured in a fall at a Charleston-area nursing home, talking with our Charleston nursing home falls lawyers and understanding when negligence is involved can help you decide what to do next.
Common Causes of Falls in Nursing Homes
Falls in nursing homes rarely happen in a vacuum. They’re often the result of systemic failures within the facility. Some of the most common causes include:
– Understaffing. When there aren’t enough aides to assist residents with mobility, falls become far more likely.
– Wet or slippery floors without proper warning signs or timely cleanup.
– Poor lighting in hallways, bathrooms, and common areas.
– Missing or broken handrails along corridors and in bathrooms.
– Failure to assist residents who need help walking, transferring from bed, or using the restroom.
– Medication side effects. Certain medications can cause dizziness, drowsiness, or low blood pressure, increasing the risk of falls. Facilities should closely monitor residents on these medications.
– Unsupervised residents who are known fall risks are being left alone.
When a facility knows a resident is at risk of falling and doesn’t take reasonable steps to prevent it, that’s a serious problem.
When Does a Fall Point to Negligence?
Not every fall means a nursing home was negligent. Elderly residents can fall even when proper precautions are in place. The key question is whether the facility took reasonable steps to prevent the fall, given the resident’s specific needs and risk factors.
A fall may indicate negligence when:
– The resident had a documented history of falls, but no updated care plan was created.
– Staff ignored bed alarm alerts or failed to install them.
– The facility didn’t conduct a fall risk assessment upon admission.
– Known hazards, such as wet floors, broken equipment, or cluttered walkways, weren’t addressed.
– The resident was left unattended despite needing supervision for mobility.
Proving negligence involves showing four key elements: the facility had a duty of care to the resident; it failed to meet the required standard of care; that failure directly caused the injury; and the resident suffered actual harm. Common examples of a breach include understaffing, hiring unqualified employees, or failing to follow a resident’s care plan.
If your loved one’s fall fits any of these patterns, it’s worth exploring whether the facility’s negligence played a role. Call 843-242-0282 for a free consultation to discuss what happened.
The Duty of Care Nursing Homes Owe Residents
Nursing homes have a legal obligation to provide a safe environment for every resident. This duty of care is established by a combination of federal and state laws, most notably the federal Nursing Home Reform Act of 1987, which mandates that facilities provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.
Nursing homes are responsible for assessing a resident’s fall risk and implementing measures to prevent falls. Failing to do so can be considered neglect. This means conducting thorough risk assessments, creating individualized care plans, maintaining safe premises, and providing adequate staffing to assist residents with daily activities.
South Carolina law reinforces these obligations. The General Assembly has recognized that individuals residing in long-term care facilities are isolated from the community and often lack the means to fully assert their rights, and has declared the need to preserve the residents’ dignity and personal integrity by safeguarding their rights.
Signs That Fall Prevention Protocols Were Insufficient
Determining whether a nursing home’s fall prevention measures were sufficient requires considering several factors.
– Fall risk assessments. Did the facility assess your loved one’s fall risk at admission and after any change in condition?
– Individualized care plans. Was a care plan created that addressed specific mobility limitations and fall risks?
– Staffing ratios. Were there enough staff on duty to provide the level of supervision and assistance your loved one needed?
– Bed alarms and safety equipment. Were appropriate devices in place for residents identified as high-risk?
– Staff training. Were employees trained on fall prevention protocols and proper transfer techniques?
CMS (Centers for Medicare & Medicaid Services) inspection data and state survey results can be powerful evidence here. These publicly available records document facility deficiencies, staffing levels, and any citations related to resident safety. If a facility has a pattern of fall-related citations, that history can support a negligence claim.
Injuries Caused by Nursing Home Falls
Falls in nursing homes can result in devastating, life-altering injuries, especially for elderly residents with fragile bones and underlying health conditions. Common injuries include:
– Hip fractures that may require surgery and extensive rehabilitation
– Traumatic brain injury (TBI) from hitting the head on floors or furniture
– Spinal cord injuries that can cause partial or complete paralysis
– Internal bleeding that may not be immediately apparent
– Broken wrists, arms, and ribs
In the most tragic cases, a nursing home fall can lead to wrongful death, particularly when injuries go undetected or untreated.
These injuries don’t affect only the resident. Families face emotional distress, unexpected medical costs, and difficult decisions about their loved one’s future care.
What to Do if Your Loved One Falls in a Nursing Home
If your loved one suffers a fall in a Charleston-area nursing home, take these steps as soon as possible.
- Ensure they receive proper medical care. Make sure their medical provider documents all injuries thoroughly.
- Request the incident report. Nursing homes are required to document falls and the circumstances surrounding them.
- Obtain medical records. Request your loved one’s complete medical records, including their care plan, fall risk assessments, and medication lists.
- Review CMS inspection data. Check the facility’s inspection history for prior citations related to falls, staffing, or resident safety at Medicare.gov’s Care Compare tool.
- Document everything. Take photographs of the area where the fall occurred, if possible, and write down details about what the staff told you.
- Contact an attorney. An experienced nursing home negligence attorney can evaluate whether the facility breached its duty of care and help you understand your legal options.
Don’t wait too long. Under S.C. Code Ann. § 15-3-530, actions for injury to the person must be commenced within three years. This means you generally have three years from the date of the fall to file a negligence claim in South Carolina. Missing this deadline could prevent your family from pursuing compensation entirely.
Frequently Asked Questions About Nursing Home Falls
Are nursing homes liable for falls?
A nursing home can be held liable when it fails to take reasonable steps to prevent a foreseeable fall. If the facility didn’t conduct proper risk assessments, didn’t follow the resident’s care plan, or didn’t have enough staff to supervise residents safely, it may be liable for the resulting injuries.
How do I know if the fall was preventable?
Look at the circumstances. Was your loved one left unsupervised despite being a known fall risk? Were there hazards in the environment? Was the care plan followed? If the facility had information indicating your loved one was at risk and failed to act on it, the fall may have been preventable.
What compensation can families pursue?
Families may be able to recover compensation for medical expenses, pain and suffering, rehabilitation costs, and other damages. In cases where a fall results in wrongful death, surviving family members may have additional legal options. Every case is different, so it’s important to discuss the specifics with an attorney.
Protect Your Loved One’s Rights
Your family shouldn’t have to wonder whether a nursing home provides safe care. If your loved one fell in a nursing home in Charleston or anywhere in the surrounding South Carolina area, Briggs Law Group can help you understand whether the facility was negligent and what your options are.
Contact Briggs Law Group at 843-242-0282 for a free consultation. There’s no obligation, and you’ll receive honest answers about your loved one’s situation.