Nursing Home Fall Attorney in San Diego
Injuries Due to Falls in Nursing Homes in Los Angeles & Throughout Southern California
When an elderly person falls, the accident can lead to serious injury and even death. Nursing home residents are at a significantly increased risk of falling, and management has a responsibility to maintain the premises and hallways to keep residents safe. Once a resident has shown to be at risk for slip and fall accidents, a supervision plan should immediately be implemented to prevent injury. Plans can include additional supervision or adding rails to beds and walls. Providing medical equipment like wheelchairs, walkers, or canes can also help prevent falls.
It is ultimately the nursing home’s responsibility to care for your loved one and provide safe conditions in which they are not susceptible to falling. If a loved one has fallen in a nursing home and suffered serious injuries, contact Attorney Bryant today for a free consultation. When an elder falls in a nursing home, it is often a sign of neglect, and the nursing home should be held responsible for the harm they caused your loved one by not properly caring for them.
Impacts of a Fall
When an elderly individual falls, the impacts are often severe. This is due to a variety of factors, including weakened muscles and slower reflexes that prevent the elder from falling in a safer manner or avoiding a fall by stabilizing themselves. When the elder falls, they often cannot protect vulnerable parts of their body, increasing the chance that they fracture something during the accident. When combined with weakened bones as a result of osteoporosis, these factors can cause falls to be dangerous or even fatal.
Learn more about how our San Diego nursing home fall lawyer can help you by contacting us online or by calling (619) 597-2577!
How Might A Nursing Home Be Negligent?
Declining Physical Health & Abilities
The main reason elders are at an increased risk of being injured from a fall is due to common age-related health conditions, such as:
- Poor eyesight, which can be caused by impairments such as cataracts or myopia
- Weakened muscles or joint stiffness caused by arthritis
- Nervous system disorders, such as sciatica
- Stiffness and gait issues as a result of diseases such as Parkinson’s
- Diseases like dementia or Alzheimer’s
When combined with other factors, elders in nursing homes are at an increased chance of having a fall that can result in serious injury. It is up to the nursing home staff to recognize an elder’s inability to properly maintain their balance and assist them.
What Are Some Common Injuries?
Common fall injuries include:
- Cuts and bruises, which can lead to bedsores as the elder is forced to keep pressure off the injuries and on other parts of their body for long periods of time. Bedsores can become deadly if left untreated, as they can lead to life-threatening blood infections, such as sepsis.
- Fractured bones, including the ankle, wrist, upper arm (humerus), leg (femur), hip, spine (vertebrae), and pelvis. Importantly, studies have shown that a hip fracture dramatically increases an older person’s risk of death. One study found that one in three adults aged 50 and over dies within 12 months of suffering a hip fracture. In addition to pain, a hip fracture results in a loss of physical function, decreased social engagement, increased dependence, and decreased quality of life.
- Internal bleeding, as the result of breaking a bone
- Head injuries, including concussion, subdural hematoma, coma, and other serious brain damage. When an elder who is on blood thinners hits their head, they are at an increased risk of brain damage and should get medical help immediately.
- Emotional trauma, which makes an elder more scared to move around and participate in activities, increasing their risk of falling again, as their muscles and bones weaken more from infrequent use.
After falling, the injuries that the elder sustained may take a long time to heal, as people’s bodies naturally take longer to heal with age. Even injuries like cuts and scrapes can become very serious and decrease the quality of life. The nursing home needs to recognize their failure, seek medical assistance for the elder, and improve conditions so that future accidents are avoided.
What Happens When A Patient Falls In A Nursing Home?
When a patient falls in a nursing home, it can be a serious matter, often requiring immediate attention and investigation. Knowing the steps to take after such an incident is crucial for protecting the resident's rights and seeking justice. If you or a loved one has experienced a fall in a nursing home, consulting a nursing home falls attorney can provide necessary guidance.
Here’s what typically happens:
- Immediate Medical Assessment: The resident should receive prompt medical evaluation to assess injuries, which may range from bruises to fractures or head trauma. Documentation of these injuries is crucial for any subsequent legal action.
- Incident Reporting: Nursing homes are required to document the fall in an incident report, noting the circumstances and any witness accounts. This report can be vital in determining liability and whether the fall resulted from neglect or elder abuse.
- Investigation: A thorough investigation should follow to establish the cause of the fall. Factors like wet floors, improper supervision, or inadequate safety measures can indicate negligence. A nursing home falls lawyer can help gather evidence and assess if the fall was avoidable.
- Legal Action: If neglect or falls from elder abuse are suspected, legal action may be necessary to seek compensation for medical expenses and suffering. An experienced attorney will guide you through this process, ensuring that the rights of the resident are upheld.
Consulting with a nursing home falls lawyer at Joel R. Bryant can better help you and your family understand their options and pursue justice effectively.
How Do I Prove Negligence in a Nursing Home Fall Case?
To prove negligence in a nursing home fall case, follow these steps:
- Gather Evidence: Collect photographs of the fall scene, witness statements, and any surveillance footage.
- Document Injuries: Ensure medical reports detail the injuries sustained and link them to the fall.
- Review Nursing Home Records: Check for prior incidents or complaints that indicate negligence or falls from elder abuse.
- Consult Legal Experts: A nursing home falls injury lawyer can review your case, ensuring all necessary evidence is compiled and your legal rights are protected.
- Establish Duty and Breach: Show the nursing home's failure in its duty of care, leading to the fall.
Understanding Subdural Hematoma Injuries in Elder Abuse Cases
Elder abuse is a distressing reality that affects countless seniors worldwide. Among the numerous injuries inflicted upon them, subdural hematoma stands out as a particularly concerning condition. Subdural hematoma occurs when blood collects between the brain and its outermost covering, the dura mater. This buildup of blood can exert dangerous pressure on the brain, leading to a range of debilitating symptoms and potentially fatal outcomes.
Causes and Symptoms
In cases of elder abuse, subdural hematomas can result from physical trauma inflicted upon the victim. Acts such as hitting, shaking, or forcefully restraining an elderly individual can cause the brain to impact against the skull, leading to the rupture of blood vessels and subsequent bleeding. However, it's crucial to note that subdural hematomas can also occur from accidental falls or other incidents unrelated to abuse.
The symptoms of a subdural hematoma can vary depending on its severity but may include headaches, confusion, dizziness, weakness, seizures, and loss of consciousness. In elderly individuals, these symptoms may be mistaken for age-related cognitive decline or other health issues, delaying proper diagnosis and treatment.
Legal Implications
These injuries often serve as critical evidence of physical abuse or neglect, prompting legal action against the responsible parties. A San Diego nursing home abuse attorney will work with medical professionals to gather comprehensive evidence, document the extent of the injury, and establish a clear link between the abuse and the resulting harm.
Seeking Justice and Compensation
Victims of elder abuse who suffer from subdural hematomas deserve justice and compensation for their pain, suffering, and medical expenses. Attorneys specializing in elder abuse cases play a vital role in advocating for these vulnerable individuals, holding abusers and negligent caregivers accountable for their actions. By pursuing legal action, victims and their families can seek not only financial restitution but also a sense of closure and protection for other seniors at risk of similar mistreatment.
If you or a loved one suffers a fall in a nursing home, contact our San Diego nursing home fall lawyer online or by calling (619) 597-2577!
What Causes Falls in a Nursing Home Setting?
Seniors living in nursing homes are at a heightened risk of slipping and falling. This is due to slower reaction times, reduced strength, poor eyesight, or a combination of factors. However, it is ultimately up to the nursing home care provider to recognize the risk and provide appropriate support.
Negligence and understaffed facilities are a major cause of nursing home falls in California. In understaffed nursing homes, residents may be left to wander unattended or forced to get out of bed to go to the bathroom on their own because no one answered their call for help.
An elder can also suffer a fall injury if a staff member does not adhere to guidelines and drops the elder upon trying to transfer them alone. This transfer can include from and to the bed and wheelchair, from and to the toilet, and from and to a gurney. It is up to the nursing home to ensure the safety of your loved one. Falls caused by these unsafe conditions can be considered a form of nursing home neglect.
Unsafe Living Conditions
When combined with declining health and other risk factors, unsafe living conditions increase the chances of a fall. This is true especially in places in which there are many objects on the floor, wet floors, or poor lighting. If one of these conditions causes an elder to fall, it is the fault of the nursing home. It is their duty to provide residents with safe conditions that limit the risk of falling.
Medications
Medication can also be a contributing factor in falls. It is important that the facility staff keep track of their residents’ medications and the corresponding side effects. Some side effects, such as drowsiness or dizziness, may increase the risk of falling. The staff must be aware of this and provide appropriate assistance.
Send us a message or call (619) 597-2577 for help with your case.
Inadequate Medical Supports & Assistance
Sometimes elders struggle with basic physical movements such as walking, crouching to use the bathroom, or standing in the shower. If an elder falls while trying to complete any one of these tasks unassisted, the injuries can be severe or even fatal. This is why it is very important that the nursing home staff recognize these difficulties and provide elderly residents with aids. Aids include canes, walkers, wheelchairs, and bed rails.
Bed rails must be set up properly, locked into place, and replaced once they start to show signs of malfunction. If the bed rails are not properly maintained, an elder could fall out of bed. It is the nursing home’s responsibility to provide and maintain proper aids for residents to help make their lives easier and safer.
Contact Joel R. Bryant Today for a Free Legal Consultation
One fall can often lead to another, especially in nursing homes with negligent supervision. This is why it is very important that action is taken, regardless of how serious injuries were. Otherwise, your loved one could fall again, and the next time, they may not be so fortunate. Anytime an elder falls, their life is ultimately at risk. Contact Joel R. Bryant and his team of knowledgeable lawyers to ensure the future safety of your loved one. They have over 30 years of experience and offer free initial consultations, so don’t hesitate to get started today.
A fall in a nursing home may ultimately be a sign of neglect or abuse. Your call could prevent future accidents for your loved one and others in the care of the nursing home. It will also help spread awareness about the potential of hidden abuse and neglect in the facility.
Contact our nursing home fall lawyer in San Diego by calling (619) 597-2577!
In Their Own Words
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