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Fall Related Injuries
A fall in a nursing home is one of the most common ways in which residents are injured. Due to the frailty of some nursing home patients, a fall can cause a serious injury. The injury may be physical or even psychological in that the resident may begin to fear walking or moving around the facility. Fortunately, many falls can be prevented with careful care planning and sufficient staff assistance. This overview will focus on the causes of falls, the nursing home responsibility to lessen the possibility of falls, and the legal available to victims and their families when nursing homes fail in their responsibilities.
Federal Regulations
There are a variety of state and federal laws and regulations governing nursing homes. If a nursing home receives federal funding, it must comply with federal regulations. Today, most nursing homes receive federal funding. Under the federal regulations, a facility must ensure that "the resident environment remains as free of accident hazards as is possible." In addition, each resident must receive "adequate supervision and assistance devices to prevent accidents." 42 C.F.R. § 483.25(h).
Accident Causes
Many factors may lead to a fall in a nursing home. Below are some main causes:
- A resident's own disability is one of the most common causes for a fall. A resident may have difficulty walking without staff assistance or certain medical equipment. A resident's disability and a course of action to provide adequate accommodation and safety should be addressed in the resident's care plan.
- Certain environmental hazards at the facility, such as untidy conditions, clutter and debris, poor lighting, or wet floors may cause a resident to fall. It is up to the facility to lessen these hazards to the greatest extent possible.
- The resident may be using poorly fitted medical equipment. For example, a wheelchair may be poorly maintained or unfit for a certain resident's use. In addition, poorly maintained or the absence of bed rails may cause a resident to fall from a bed.
- A shortage of staff may create accidents. A shortage of staff may cause poor transfers of residents, and not allow the staff to answer help calls as quickly as needed.
- Medications, such as psychoactive drugs, may make a resident weak or confused, and therefore more likely to fall.
How to reduce fall-related accidents
There are a variety of things that a nursing facility should do to prevent fall related accidents. Below are some of the main preventative measures:
- Under federal regulations, all nursing homes are required to complete a comprehensive care plan for each resident. The plan should include objectives and implementations designed to meet a resident's medical, nursing, mental, and psychosocial needs. 42 C.F.R. § 483.20(d)(1). The plan should focus on ways to help reduce fall related injuries. This would include any equipment, alarm systems, or assistance a resident needs when moving around the facility and during transfers.
- Nursing homes must keep all areas tidy and free from obstructions. This includes keeping floors clean and dry, and removing unnecessary clutter from hallways and rooms.
- Whenever a resident falls, the facility should complete a full assessment of the resident's health and abilities. This will allow treatment of any injuries suffered from the fall, and allow the facility to implement a plan for reducing the possibility of future falls.
- The facility should carefully review the effects and need for all medications. If a resident requires certain medications that may affect a resident's ability to move around the facility, the resident's movements must be closely monitored.
- When possible, all residents should partake in physical therapy and conditioning designed to strengthen walking abilities.
Legal Claims
When a facility fails in one or more of its duties, a resident, or their legal guardian, may be able to bring a legal claim against the facility. For example, a general claim based in negligence may be possible. Negligence is generally defined as a lack of care and caution as would be expected of a reasonably prudent person in the same or similar circumstances. Under such a claim, the facility could be liable for anything from unclean and slippery floors to under-staffed and under-trained aid workers, if such issues caused injury. If you have any concerns about your legal options, contact an elder law attorney in your area.
Conclusion
Falls can be devastating to a nursing home resident. The facility should do all it can to prevent injury. If they fail, the resident or their guardian may be able to bring a legal claim for the damages caused. An elder law lawyer experienced with nursing home injuries can provide you with valuable information regarding your claim for nursing home negligence.
Form: Fall Related Injuries
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