Accessible, Personalized Representation Schedule a Free Consultation

What Makes Nursing Home Fall Cases Different?

Slechter Law Firm
Caregiver helping senior women who has fallen on floor

Falls in nursing homes are unfortunately common and often lead to severe injuries for residents. Unlike general personal injury claims, nursing home fall cases involve unique legal, medical, and procedural considerations. These differences can significantly impact how such cases are handled, particularly under Kentucky law. 

Understanding these distinctions is essential for victims and their families seeking justice and compensation. Slechter Law Firm in Louisville, Kentucky, can help during these tough times with a professional personal injury lawyer versed in Kentucky law.

The Prevalence and Impact of Nursing Home Falls

Falls are a leading cause of injury among nursing home residents. According to the Centers for Disease Control and Prevention (CDC), approximately 50% of nursing home residents fall each year, and many of these incidents result in serious injuries such as fractures, head trauma, and even fatalities. 

Older adults are particularly vulnerable due to factors such as:

  • Reduced muscle strength

  • Impaired vision

  • Medication side effects

For families, these incidents raise questions about the quality of care provided by the facility and whether negligence played a role in the fall.

Why Nursing Home Fall Cases Are Unique

Slip and fall cases in a nursing home differ from other slip and fall cases for a couple of key reasons:

Duty of Care

Nursing homes are legally obligated to provide a safe environment for residents. This duty of care includes:

  • Regular assessments of residents’ fall risks

  • Implementation of fall prevention measures

  • Adequate staffing and training

  • Proper maintenance of facilities

When a nursing home fails to uphold this duty, it may be held liable for any resulting injuries. Unlike typical personal injury claims, these cases often involve violations of state and federal regulations specific to long-term care facilities.

Vulnerability of Victims

Nursing home residents are often elderly and frail, making them more susceptible to serious injuries. This vulnerability can complicate cases because:

  • Pre-existing conditions may be used by the defense to argue that the fall was unavoidable.

  • The victim may have difficulty recalling or articulating what happened, necessitating reliance on medical records and witness statements.

A skilled personal injury lawyer can traverse these challenges to build a compelling case. They’ll often start by examining the cause of the fall.

Common Causes of Nursing Home Falls

Understanding the causes of nursing home falls is critical for determining liability. Common causes include:

  • Environmental hazards: A facility with conditions such as wet or uneven floors, poor lighting, or cluttered walkways could cause a resident to fall. 

  • Inadequate staffing: If a nursing home has insufficient staff to assist residents with mobility or that staff lacks proper training in fall prevention, it could be considered a cause of an injury.

  • Equipment failures: A resident could sustain an injury when a piece of equipment they use that belongs to the facility fails. This could include malfunctioning wheelchairs, defective bed rails, and more.

  • Neglect: Another cause of a nursing home fall is neglect from the staff. This could take the form of failure to respond promptly to call lights, ignoring individualized care plans, and other behaviors.

Identifying the root cause of a fall is essential for proving negligence and holding the nursing home accountable. Laws on the subject can help guide assigning accountability.

Kentucky Laws Governing Nursing Home Fall Cases

Legislation at both the state and federal levels protects residents of nursing homes. Here are some key pieces of relevant laws.

Regulations to Be Followed

Nursing homes in Kentucky are regulated by both state and federal laws. The federal Nursing Home Reform Act of 1987 establishes the standard of care that facilities must provide, including measures to prevent falls. At the state level, Kentucky Revised Statutes (KRS) outline additional requirements, such as:

  • Adequate staffing levels

  • Regular safety inspections

  • Development of care plans tailored to residents’ needs

Violations of these laws can serve as evidence of negligence in a personal injury claim.

Statute of Limitations

In Kentucky, the statute of limitations for nursing home fall cases is typically one year from the date of the injury. However, if the case involves wrongful death, the timeline may differ. Consulting a personal injury lawyer promptly is crucial to confirm compliance with these deadlines.

Comparative Fault

Kentucky follows a “pure comparative fault” system, which means that a victim’s compensation may be reduced by their percentage of fault. For example, if a resident ignored staff instructions and fell, their damages might be reduced proportionately.

However, nursing homes can’t avoid liability by solely blaming the resident, especially if the facility fails to implement adequate fall prevention measures. This offers an opportunity for the victim to seek justice with the help of an attorney.

Finding a Personal Injury Lawyer

Pursuing a nursing home fall case without legal representation can be overwhelming. A personal injury lawyer experienced in Kentucky nursing home laws can investigate the incident thoroughly and gather evidence such as medical records, surveillance footage, and staff logs.

An attorney can also consult medical and safety professionals to assess the standard of care and determine if the facility in question was below that. To succeed in a nursing home fall case, the plaintiff must prove that the facility’s negligence directly caused the fall and resulting injuries. This involves demonstrating:

  • Duty of care: The nursing home was responsible for providing a safe environment.

  • Breach of duty: The facility failed to meet this standard.

  • Causation: The breach directly caused the fall.

  • Damages: The victim suffered injuries and losses as a result.

A personal injury lawyer’s advice is invaluable in meeting these legal requirements, building a strong case, and overcoming the difficulties of nursing home cases.

Challenges in Nursing Home Fall Cases

An attorney may need to face various challenges in a nursing home fall case. Here are some potential challenges.

Lack of Documentation

Nursing homes may fail to document incidents accurately or may alter records to avoid liability. Obtaining comprehensive records is a critical step in these cases.

Resident’s Health

Pre-existing conditions can complicate claims. Defense attorneys may argue that the injuries were inevitable due to the resident’s health rather than negligence, but it depends on the condition being spoken of.

Institutional Resistance

Nursing homes and their insurers often have significant resources to fight claims. They may attempt to minimize compensation or deny liability altogether. A personal injury lawyer can counter these tactics and confirm the victim’s rights are protected, also seeking a higher compensation due to the long legal process.

Compensation in Nursing Home Fall Cases

Victims of nursing home falls may be entitled to various forms of compensation, including:

  • Medical expenses: These expenses can include hospital bills, rehabilitation costs, and future medical care.

  • Pain and suffering: Physical pain and emotional distress caused by the injury can be compensated.

  • Loss of enjoyment: If a victim has a diminished quality of life due to the fall, they could receive compensation for that.

  • Punitive damages: Additional damages to punish egregious negligence or misconduct may be applicable in some cases.

The amount of compensation depends on factors such as the severity of the injuries and the extent of the nursing home’s negligence.

Steps to Take After a Nursing Home Fall

To have a successful outcome, it’s important to follow certain steps after an incident. If you or a loved one had a fall at a nursing home, you should:

  • Seek immediate medical attention: Make sure the resident receives prompt medical care to address injuries and document their condition.

  • Report the incident: Notify nursing home management and request a written incident report. This report can serve as evidence in a personal injury case.

  • Document the scene: Take photographs of the area where the fall occurred, including any hazards or contributing factors.

  • Consult a personal injury lawyer: An attorney can guide you through the legal process, protect your rights, and advocate for fair compensation. They’re instrumental in seeking justice considering the difficulty of the legal system and proving fault and liability.

Reach out to Slechter Law Firm Today

Slechter Law Firm understands that falls can be incredibly costly at older ages. If you’ve been involved in a nursing home accident, reach out to their personal injury lawyer firm for support, proudly serving Louisville and the wider Kentucky area, including Lexington. Be sure to call today for the first steps toward justice.