Can a Nursing Home Be Liable for a Resident’s Fall Injury?

A fall can be especially dangerous for an older person. When a nursing home resident falls, families naturally want to know what happened, whether the fall could have been prevented, and whether the facility can be held responsible.

A nursing home could be liable for a resident’s fall if the facility or its staff failed to provide appropriate care, supervision, or a safe environment, and that failure caused or contributed to the fall. However, a fall by itself doesn’t necessarily mean the nursing home was negligent.

If you or someone you love was seriously injured in a nursing home fall, an experienced Wisconsin nursing home neglect and abuse lawyer can help you understand your rights and whether you have a viable claim.

Are Nursing Homes Responsible for Falls?

Nursing homes are responsible for taking reasonable steps to reduce a resident’s risk of falling. That may include:

• Identifying known fall risks
• Providing appropriate supervision or assistance
• Adjusting the resident’s care when their needs change

A nursing home may be responsible for a fall when, for example, staff:

• Failed to recognize or respond to a resident’s fall risk
• Didn’t provide necessary supervision or assistance
• Failed to follow the resident’s care plan
• Didn’t respond appropriately after an earlier fall
• Allowed unsafe conditions to remain in the facility

Not every fall is preventable. The important question for determining preventability is whether the nursing home provided the level of care the resident reasonably needed under the circumstances.

What Are the Most Common Causes of Falls in Nursing Homes?

Residents may be more likely to fall because of age, illness, weakness, balance problems, cognitive impairment, or medication side effects. But what the nursing home does, or fails to do, can also contribute to a fall.

Potential causes include:

• Inadequate supervision or monitoring
• Failure to assist with walking, toileting, or transfers
• Failure to use walkers, wheelchairs, or other assistive devices
• Medication errors or failure to account for medications that cause dizziness or drowsiness
• Poor lighting, wet floors, clutter, or other hazards
• Inadequate staffing
• Failure to update a care plan after a resident’s condition changes or after a previous fall

A previous fall is particularly important because falling once can increase an older adult’s risk of falling again.

What Are Common Injuries When a Resident Falls in a Nursing Home?

Even a seemingly minor fall can cause serious injuries in an older person. The CDC identifies falls as a major cause of injury among older adults, including hip fractures and traumatic brain injuries.

Common nursing home fall injuries include:

• Hip & pelvic fractures
• Broken arms, wrists, or legs
• Head injuries & traumatic brain injuries (TBIs)
• Back & spinal injuries
• Cuts, bruises & soft-tissue injuries

A fall can also affect a resident’s independence. A serious injury may require surgery, hospitalization, rehabilitation, or additional assistance with everyday activities. In the most serious cases, a fall can contribute to a loved one’s death.

How Do You Report a Nursing Home Fall?

If your loved one falls, start by asking the nursing home what happened and how they responded. Ask:

• When and where did the fall happen?
• Who was present?
• Was your loved one injured in the fall?
• Is there an incident report?
• Will your loved one’s care plan or fall precautions be changed?

If you believe poor care, neglect, inadequate staffing, or unsafe conditions contributed to the fall, you can file a complaint with the Wisconsin Department of Health Services Division of Quality Assurance (DQA).

Be sure to keep copies of any complaints, emails, medical records, incident reports, or other documentation related to the fall.

What To Do if You or a Loved One Falls in a Nursing Home

After a serious nursing home fall:

• Make sure your loved one gets the medical care they need.
• Ask staff what happened and who was there when the fall occurred.
• Write down what your loved one remembers as soon as you can.
• Take photos of any visible injuries and, if possible, the area where the fall happened.
• Ask whether the nursing home completed an incident report.
• Keep copies of medical records, bills, emails, and other communications related to the fall.
• Ask whether your loved one’s care plan or fall precautions will be changed after the fall.

You may not know right away whether the nursing home did something wrong. That’s okay. Medical records, care plans, witness accounts, staffing information, and other evidence can help get a fuller picture of what happened and whether the fall could have been prevented.

Speak with a Wisconsin Nursing Home Lawyer for FREE

When someone you love is hurt in a nursing home, it can be difficult to know whether the injury was an unavoidable accident or a sign that the resident was not receiving the care they needed.

Our team works harder because you deserve more. We can investigate the circumstances surrounding the fall, review care plans and medical records, and determine whether the nursing home or another party may be responsible.

Contact the experienced and compassionate Wisconsin nursing home lawyers at Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We proudly serve clients throughout Wisconsin, including Plover, Marshfield, Stevens Point, and other areas.