Fall Injuries in Nursing Home: Who Must Be Held Legally Liable?

As defined by the Centers for Medicare and Medicaid Services fall is a failure to maintain a position resulting in individuals’ unsought relocation to a lower case. Residents in nursing homes experience fall injuries frequently and repeatedly. The mean rate of falls in nursing homes is 1.5 falls per bed each year. Nursing homes have specified rules, protocols; essential for the staff to follow they may vary with each nursing home. If a patient loses balance and falls the majority of nursing homes and hospitals demand a document of the fall from their staff to notify relatives or family members.

Inadequate training

Inefficient and inexperienced staff at nursing homes can be held liable for not closely observing the patients. The staff at nursing homes fails to monitor the needs of the elderly leading to falling injuries. Failure to provide inadequate numbers of trained staff not only falls short of the duty of maintaining health but also puts nursing home inhabitants at risk of harm and injury, for example, almost 25% of residents from nursing homes, are shifted to hospitals or emergency rooms, nursing homes are liable for the health and safety of their residents. Understaffed nursing homes usually hire unlicensed assistants with no certificates, degrees and adequate training putting the residents at risk.

Medication errors

A medication error is one of the most common faults causing injuries. Medication consumed by the residents is not monitored by the nursing home staff; the residents need constant observations when under sedative or anti-anxiety drugs which affect the central nervous system directly. The effect takes 3 days to elevate during which the elderly need continuous attention which they are not provided resulting in injuries.  Initial studies stated a medication administration error frequency of 12.2% of the total doses of medication in a specimen of 52 nursing homes throughout the U.S.

Moreover, nursing homes are held liable for the health and safety of their residents, as many nursing homes provide an inadequate proportion of medicine and failure to mix and shake the medicine causing harm to the inhabitants. The negligence of doctors in providing proper medications to patients at nursing homes results in severe allergies and weakness causing injury. Negligence in administering the medicines at nursing homes range from minimal to maximum

Defective equipment

The poor quality the nursing home provides in terms of equipment can also hold them liable. The poor qualities of wheelchairs and walkers cause the residents to fall. Injuries caused by falling from a wheelchair or a walker result in hip fracture, traumatic brain injury, and permanent disability. 

Poor management

Poor management at nursing homes in terms of wet floors, poor lighting, and poorly maintained beds leads to injuries. Around 16% to 27% of injuries are caused by environmental hazards. Injuries occur at nursing homes as a result of improper monitoring. Injuries are not professionally checked and in some cases, falls are not reported. Residents at nursing homes are often abused by the staff in both mental and physical forms.

How to know if you have a case

If a patient loses balance and falls, the majority of nursing homes and hospitals demand a document of the fall from their staff to notify relatives or family members. Often in nursing homes falls are not reported for various reasons and can have serious consequences.  To find out, the relatives or the caretakers should look for signs such as bruises and see the patient’s chart for any anomalies. It is important to understand that the staff at nursing homes can’t prevent every fall so that no injury results in a permanent injury or disability leading to a viable personal injury lawsuit.

Besides, if the staff acted negligently resulting in severe injury can lead to liability if you think a nursing home is responsible. According to the law experts from https://seerden-law.com/, you need to contact lawyers immediately to make sure that a proper course of action is followed. Nursing home staff can be held liable for not following rules, protocols, and questions that can be raised on their negligent behavior, for example, abusing patients. Under federal law, relatives have the legal right to see the chart and claim for an injury occurred as a result of ignorance from the staff.

It is the responsibility of the nursing homes to provide a safe environment to its residents by providing them with necessary facilities. The elderly residents admitted to the nursing home are debilitated and require continuous health and safety monitoring.  Any type of medical negligence, abusive behavior or failure to provide safety resulting in severe injuries can hold the nursing homes liable under the law of ‘premises liability’. The Federal law gives rights to the guardians to keep a track of their health chart and claim for any injury. Make sure that you contact a lawyer to take action against a negligent nursing home.

 

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