Posted: November 8, 2020
Nursing home neglect can lead to injures to nursing home residents in Cincinnati, Ohio and other parts of the country that need to be prosecuted by personal injury attorneys. With Covid 19 the nursing homes in some cases have been dead zones.(1 Source)
Sadly, negligence issues in Cincinnati nursing homes and skilled care facilities are all too common. The biggest issues is nursing home fallls. What follows is a great article about attorney best practices for nursing home claims and advice for nursing home injury residents.
Can You Sue the Nursing Home For a Slip and Fall Accident?
Elderly residents are prone to falling risks in a nursing home setting. In fact, nursing home patient falls are a significant health problem in the United States. According to a report by the Centers for Disease Control and Prevention, around 1800 seniors die from fall-related injuries every year. Others suffer from severe and often permanent injuries.
Fall Risks in Nursing Homes
Motor skills decline as people age. In seniors, this lack of balance and mobility can make regular motions such as standing, sitting, or walking challenging and puts them at very high risk for slipping and falling accidents.
Slip and fall accidents can have dire consequences for the elderly. Even if the fall doesn't seem to be that bad, it can potentially result in a hip fracture and extremely serious complications in seniors.
Nursing home falls can cause a lot of pain and suffering, and may drastically affect quality of life. Moreover, it may lead to additional medical treatment and rehabilitation, which can be a substantial financial burden to the residents and their family members.
If it’s negligence or lack of supervision on the part of the nursing home that caused the fall, then, YES. You can sue the nursing home for the slips and falls. The facility or the care provider can be held legally accountable for the accident. A personal injury attorney can help the victim and his/her family file a claim against the responsible parties.
Nursing Home Liability in Slip and Fall Accidents
Like other landowners, nursing homes, too, are liable for any accidents that occur within the premises. Besides, it’s the specific responsibility of a nursing home to provide round-the-clock care for its residents and ensure that they do not suffer injuries.
While it’s true that the nursing homes and their staff cannot prevent all falls despite being a skilled nursing facility, negligence, and failure to take reasonable steps to avoid or prevent a fall can lead to a good liability case.
There are plenty of potential cases or scenarios where a nursing home facility or its employees can negligently cause slip and fall accidents. This includes:
· Lack of supervision
· Misdiagnosis
· Failure to reassess the resident's care plan
· Inappropriate activities
· Hiring unqualified employees
· Use of improper care techniques
· Understaffing
· Over or under medication
· Lack of safety fixtures (handrails, grab bars, etc.)
· Inadequate lighting
· Failure to remedy environmental hazards (wet floors, exposed electrical cords, defective flooring, etc.)
For a nursing home to be legally liable for a slipping or falling accident, the victim’s party must be able to provide evidence that the facility failed to take reasonable safety measures. If the victim's health gets worse following the incident, they may also pursue an additional neglect or negligence charge against the nursing home.
However, suppose there is evidence suggesting that the accident was, in part, caused by the inability of the resident to abide by his or her care plan. In that case, the charges against the facility may be reduced or eliminated altogether.
Signs of Slips and Falls in A Nursing Home
Due to various and (maybe) personal reasons, nursing home residents do not always report slips and fall accidents. And even if they do, nursing homes or their staff may attempt to cover up or reduce the severity of the incident. That said, it is up to relatives and loved ones to look out for what-could-be fall-related injuries, such as bruises, fractures, and abrasions.
If you suspect that your elderly loved one has recently suffered from a fall, ask to see their chart and seek medical attention right away.
What to Do Following a Nursing Home Fall Accident
When an elderly nursing home resident sustains an injury from a fall due to some form of neglect by the facility, the victim or a guardian can file a personal injury lawsuit to recover both economic and non-economic damages. This includes past or future medical costs, out-of-pocket expenses, pain and suffering, and other mental or emotional distress caused by the incident. The victim may also seek punitive damages in case of egregious misconduct by the nursing home.
As soon as you discover that your loved one was involved in a nursing home slip and fall accident, secure a copy of the actual medical chart and request all records related to the incident, including treatments and medications provided (if there are any). An experienced slip and fall attorney can help you build a strong injury case and ensure that your elderly loved one receives just compensation.
About the Author
Andrea Williams is the Community Manager at The Law Offices of Alcock & Associates P.C., a premier law group in Arizona that provides legal services to clients involved in Personal Injury, DUI, Immigration and Criminal cases. She enjoys cooking, reading books and playing minigolf with her friends and family in her spare time.
About the Curator
Anthony Castelli has practiced personal injury law for over 35 years. He also now mediates cases as a Harvard trained mediator and is the current chair of the Cincinnati Bar Associaiton ADR practice group.
