As a family member, you want the best possible care for your loved one. Choosing a nursing home ensures professional treatment is available when needed. However, what happens when your loved one suddenly falls? Who is responsible for their accident?
Suing a nursing home for a fall is possible, provided that there is evidence that their negligence contributed to your loved one’s fall. Understanding the laws regarding this issue can offer the clarity you need.
The duty of providing a safe environment
When a resident falls, the nursing home facility may have failed to meet the standard of care. Falls can occur due to these reasons:
- Inadequate supervision due to understaffing
- Inability to provide safeguards for high fall risk patients
- Failing to document the fall incident and notify the family or physician
- Improper use of restraints
When you file a claim, your evidence must prove that the nursing home breached its duty, such as:
- Payroll-based journals: These can show whether a facility met the state-mandated 3.58 hours per resident, per day.
- Care plans: These can reveal whether the nursing staff followed your loved one’s specific instructions in their plan.
- State audit reports: These public records can prove a pattern of neglect.
- Essential caregiver statement: Your first-hand observations of fall hazards can serve as evidence.
Gathering evidence is one thing, but state deadlines are another. The statute of limitations is generally three years from the date of the injury to file a personal injury claim.
Turning suspicion into accountability
Acting sooner is always better, especially since crucial evidence like surveillance footage and digital logs is prone to deletion. If you suspect a fall was preventable, an experienced attorney can offer advice on how you can move forward.