Pleasant Law Blog (Insurance Claims, Medical Misakes, and Nursing Home Claims)

Injuries From Nursing Home Falls Can Be Difficult Cases

As a Nursing Home Abuse/Neglect Attorney I am often presented with cases involving falls and related injuries in nursing homes.  At first glance, many of these cases appear to be cases of solid liability.  It is important, however, to analyze nursing home fall cases closely.  Take, for example, the situation where a nursing home resident falls from bed, and is injured.  In many cases, no bed rails are used to keep a resident from falling.  This is because there is constant tension between the requirements that nursing homes not unnecessarily restrain their residents; and the need to prevent residents from falling and injuring themselves.  Further, bed rails can in many instances themselves cause injury (for example, when a resident gets caught in a bed rail and sustains injuries to limbs, or even gets choked).  Nursing homes, in order to avoid liability, may take other actions to reduce or eliminate the potential for injuries from falls for their nursing home residents.  For example, even when bed rails are inappropriate for a particular nursing home resident, a lowered bed, or even an additional mattress on the floor, might be an acceptable and relatively safe solution.  Alarms attached to the resident which detect a resident’s movement can also be used in order to alert staff that a resident is attempting to get out of bed.  Obviously, this should trigger a staff response to assist the resident with his or her needs.  Unfortunately, none of these measures can ultimately totally prevent the risk of falls and fall injuries in nursing homes where the nursing home is understaffed or inattentive.  If you or a loved one has fallen in a nursing home, don’t jump to conclusions about nursing home liability for injuries or death related to that fall.  Consider contacting a North Carolina Nursing Home Injury, Abuse, Neglect or Wrongful Death Attorney for assistance in evaluating the situation and making a determination as to whether you have a claim against the nursing home.