When a loved one is placed in a nursing home, we trust that they will receive the care and supervision they need. However, accidents and neglect can occur, sometimes leading to severe injuries or even death. One common situation involves elderly residents falling from chairs due to inadequate monitoring or safety measures. If you or someone you know is facing this situation, here’s what you need to know about your options.
Understanding Liability in Nursing Home Falls
Falls in nursing homes are more common than people realize, and in many cases, they could have been prevented. Facilities have a duty to assess each resident’s mobility and take necessary precautions to prevent falls. If a resident has a known risk of falling, the nursing home must provide appropriate interventions, such as securing them safely in a chair or ensuring proper supervision.
Unfortunately, nursing homes often deflect blame onto the resident, arguing that the fall was unavoidable. However, if the facility failed to monitor the resident or placed them in an unsafe situation, they may be liable for negligence.
Legal Considerations and Time Limits
If you believe negligence was involved in a nursing home injury, it’s crucial to act quickly. In states like California, there are specific time limits for filing a claim against a nursing home or medical provider. These deadlines can be shorter than typical personal injury cases, making it essential to start the legal process as soon as possible.
Steps to Take After a Nursing Home Injury
If your loved one has suffered an injury in a nursing home, follow these steps to protect their rights:
1. Obtain Medical Records
Medical records will provide crucial evidence about your loved one’s condition before and after the fall. These documents may reveal whether the nursing home staff noted a fall risk and what steps, if any, were taken to prevent it.
2. Consult a Nursing Home Expert
A medical or nursing home expert can help determine if the facility met the standard of care required for your loved one. Experts can analyze whether proper precautions were taken and if neglect played a role in the injury.
3. Investigate Facility Policies and Past Incidents
Check whether the nursing home has a history of similar incidents. Previous complaints or violations can strengthen your case.
4. Consider Legal Action
If negligence is suspected, consulting an attorney experienced in nursing home abuse or wrongful death cases is crucial. They can help navigate the legal complexities, gather necessary evidence, and file a claim before the deadline expires.
Holding Nursing Homes Accountable
Nursing homes have an obligation to keep residents safe. If a loved one has suffered a preventable fall or injury, taking action can help secure justice and prevent similar incidents from happening to others. Don’t let the nursing home dismiss your concerns—gather evidence, seek legal advice, and hold them accountable for their duty of care.
If you find yourself in this unfortunate situation, knowing your rights and acting quickly can make all the difference in seeking justice for your loved one.
