Yes, you can sue a nursing home for a fall if the facility failed to maintain a reasonably safe premise, failed to assess residents for fall risks, failed to devise a fall care plan, or failed to meet the needs of a resident to prevent falls. Establishing that the nursing home failed in its duty can prove challenging if you don’t have legal help on your side.
Fortunately, you can get the support you need from a Chicago nursing home abuse lawyer. An attorney can assess your situation, determine if you have a valid claim against a care facility, and guide you through the legal process.
When Can You Sue a Nursing Home for a Fall Injury?
Nursing homes often fight these claims by arguing that elderly or infirm people fall frequently and that no one can totally prevent these accidents. However, you may have a valid claim if your attorney can show that:
The Facility Failed to Maintain Reasonable Levels of Safety
Nursing homes have a legal duty to maintain safe premises for residents, staff members, and guests. If the home fails to maintain a safe environment, it could hold liability for accidents. For example, you could have a valid claim if a loved one fell due to:
- Spills or leaks that no one cleaned up in a timely manner
- Excessive use of cleaning supplies or floor wax in the home
- Poor lighting around steps or stairs
- Missing or improperly secured grab bars or handrails
- Damaged carpeting or balled up rugs
- Uneven walking surfaces
- Garbage left to lie on the floor
- Ice or snow left to pile up in exterior areas
If any of these hazards contributed to an accident, you could have a chance to sue the nursing home.
The Facility Failed to Complete Fall Risk Assessments
Nursing home residents may have a higher risk of falling than the general population. However, this does not absolve nursing homes from limiting the chances of an accident. For example, these homes are legally expected to complete fall risk assessments upon the admission of a new patient.
This assessment could require the facility to:
- Review the patient’s history with family members
- Assess the view of the resident
- Perform a physical examination of the resident
- Assess the resident’s balance
- Go over the resident’s medications
Homes that fail to conduct this evaluation are engaging in a type of negligent behavior, which could increase the odds of a fall.
Nursing Homes Must Take Precautions to Prevent Falls
If a care facility identifies a resident as a fall risk, the home must devise a care plan and provide extra protections that can minimize the risks of a fall accident.
For example, a care facility may need to provide high-risk residents with:
- High-visibility bands so staff can identify them
- Special socks made to grip the floor
- Grab bars
- Frequent Monitoring
- Alarms
- Bedrails
- Wanderguards
- Toileting schedules
Additionally, high-risk residents may get rooms near a nurse’s station and other accommodations that minimize the chances of a serious accident. Facilities that fail to make these adjustments could be liable in the event of a fall, which means you could sue the nursing home for a fall.
Do You Have to Sue a Nursing Home?
An attorney can skillfully litigate, negotiate on behalf of your family, assess settlement offers, and push back on unfair deals.
In many cases, you can get the money you need to pay for:
- A loved one’s medical expenses
- The pain, emotional distress, and mental suffering your loved one experienced after a fall
- Funeral expenses
You can discuss all the options available to you when you reach out to a professional law firm for assistance.
Talk to Us About Suing a Nursing Home
So, can you sue a nursing home after a fall? Yes, you can file a lawsuit against a nursing home for failing to properly care for a resident. However, you may want to consider other legal options before you proceed with litigation. For example, an attorney could help you negotiate a settlement.
Our team at Shore Law can ensure that you understand all of your legal options after an accident in a care facility. We’re here and ready to provide the steadfast support and guidance your family deserves when going through this challenging time.
We have over 40 years of combined legal experience, and we’re standing by to ensure you understand your situation and the steps you should take to get the funds your family needs to financially recover.
