Nursing Home Fall and Fracture Lawyer – What Must be Proven for Liability

Nursing home residents involved in slips and falls often suffer:

  • Severe bruising (hematoma),
  • Lacerations and other cuts,
  • Broken bones and fractures, especially to legs, arms, wrists, elbows, and hips,
  • Soft tissue injuries, including sprains and strains, to legs and backs,
  • Dislocations, particularly to shoulders, and
  • Concussions and other head injuries.

Showing that Negligence Occurred

While falls and fractures in nursing homes can occur from slick floors or tripping on objects, often these injuries occur when a resident walks unattended, the call bell is not answered, or when a resident falls in a non-walking setting (such as being moved from a bed to a wheelchair, or falling our of a bed while sleeping or trying to get up unattended).  In order to determine whether legal negligence occurred, we will want to understand the complete set of facts and circumstances surrounding the fall.

If a resident was allowed to walk unattended and fell because of a medical condition, we will want to know what medical information was available, and whether the nursing facility staff knew or should have known that the resident should not have been allowed to walk unattended. In cases where a fall occurred when a resident was being moved, we will want to know whether staff was moving the resident in a safe manner, or whether a lack of staff or other factors caused the fall.  We will also want to know if the resident was forced to walk unattended because a call bell was not being answered, or whether staff was not being attentive (which could be the result of neglect or understaffing).

Each nursing home slip and fall case will be unique, and will depend upon a careful investigation concerning what happened.  Often, medical or other experts will be needed to provide an opinion concerning the physical health of the resident, the resident’s ability to walk unaided, or whether proper procedures and staffing were used in moving a resident.

Was the Slip and Fall Injuries a Direct Cause of Death?

Sadly, in many cases, severe falls can set into motion a series of events that can be disastrous.  Head injuries can result in paralysis or bed confinement, which may ultimately lead to death through bedsores, sepsis, or many other complications.  As a result, a slip and fall can result in a senior who previously was in fairly good health going through a rapid decline and ultimately dying.  When death results, we want to know if death was a direct result of the slip or fall.

This determination requires a thorough examination of the resident’s condition based upon medical charts and other evidence by a physician or other medical expert. In a wrongful death nursing home case, in order to prevail it is important that causation and foreseeability be proven.

If Your Loved One Has Sustained an Injury or Wrongful Death Due to a Slip or Fall in a Nursing Facility, Please Call Us

Our firm has been representing the injured and the families who have lost a loved one throughout New York for more than 65 years. We are experienced at investigating and initiating litigation on behalf of our clients against those who have caused injury or death due to negligent or wrongful actions.

Please call us today so that we can learn about your case.

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