Falls in nursing homes are alarmingly common and can lead to severe injuries or fatalities. If your loved one has fallen in a nursing home, you may struggle with emotional turmoil, medical bills, and the desire for justice.
Our team of attorneys at Crowe Arnold & Majors, LLP is dedicated to helping victims and their families navigate these challenging circumstances and seek fair compensation. Choosing the right Dallas nursing home abuse lawyer is crucial to ensuring fair treatment and positive outcomes. Schedule a free consultation today.
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How a Nursing Home Slip and Fall Attorney Can Help
As is the case in most personal injury lawsuits, the defendant is unlikely to acknowledge fault voluntarily. This is particularly true in cases involving nursing home slip and fall accidents. Not only does the nursing home have an incentive to minimize the damages it owes to the victim, but it risks losing future business if word gets out about its negligence.
If our attorneys discover evidence of nursing home abandonment or negligence that caused your family member’s fall, we will handle every step of the legal process with compassion and efficiency. We know how to negotiate with insurance companies and fight for the maximum compensation your loved one deserves. Our firm takes all nursing home fall cases on a contingency basis, so there are no financial risks in getting high-caliber legal representation.
Why Nursing Slip and Fall Are Unique
Nursing home slip and fall cases are unique because they involve residents who are particularly vulnerable due to age, physical frailty, cognitive impairments, or medical conditions. They often depend on nursing home staff for mobility assistance, supervision, and basic daily care, which imposes a heightened legal duty on facilities to prevent foreseeable accidents.
Unlike typical slip and fall cases, where a property owner’s duty may be limited, nursing homes are bound by federal and state regulations that require them to maintain a safe environment, implement individualized care plans, and closely monitor residents at risk of falling.
Furthermore, these cases frequently involve both individual negligence and systemic administrative failures. For example, falls may result from a staff member’s oversight and broader issues like understaffing, inadequate training, or the facility’s failure to follow safety protocols. Investigating these claims often requires detailed analysis of medical records, staffing logs, fall risk assessments, and compliance with care standards.
Texas Laws Protecting Elderly Residents from Neglect
Texas law provides strong protections for elderly residents in nursing homes and assisted living facilities, primarily through the Texas Health and Safety Code, which sets minimum care standards for licensed facilities. These laws require nursing homes to maintain a safe environment, provide adequate staffing, follow care plans, and take reasonable steps to prevent neglect, abuse, and avoidable injuries like falls. Facilities that fail to meet these obligations may face administrative penalties, civil liability, or loss of licensure.
Additionally, the Texas Elder Abuse and Mistreatment Law mandates that any suspected abuse, neglect, or exploitation of an elderly resident be reported to the Texas Department of Family and Protective Services. Families and residents also have the right to pursue civil claims against negligent facilities, seeking compensation for injuries and holding responsible parties accountable. These legal protections are in place to ensure that elderly Texans receive dignified, respectful, and competent care.
Signs of Neglect Leading to Falls in Nursing Homes
Falls in nursing homes are often a sign of underlying neglect, and identifying early warning signs can be critical in preventing serious injuries. One of the most telling indicators is inadequate supervision—residents left alone for long periods, especially those with mobility challenges or cognitive impairments, are at high risk of falling. Other red flags include inconsistent staffing, delayed responses to call lights, and failure to assist residents during transfers or trips to the bathroom. These lapses suggest the facility may be understaffed or not adhering to individualized care plans.
Compensation for Nursing Home Slip and Fall Victims
Texas law allows injured parties to recover damages not only for immediate physical harm but also for the long-term consequences that often follow—especially for elderly individuals who may face permanent impairment, loss of independence, or even death.
Below are common categories of compensation available in these cases:
- Medical Expenses. Covers hospital bills, emergency room visits, diagnostic tests, surgeries, rehabilitation, medications, and future medical care resulting from the fall.
- Pain and Suffering. Compensates for the physical pain, emotional distress, and diminished quality of life experienced by the resident due to the injury.
- Loss of Enjoyment of Life. This applies when the injury prevents the resident from engaging in activities they previously enjoyed or significantly impacts their daily functioning.
- Disability or Disfigurement. If the fall results in permanent injury or visible disfigurement, additional compensation may be awarded for long-term impact and emotional toll.
- Wrongful Death Damages. If a resident dies due to the fall, surviving family members may be entitled to damages for funeral costs, loss of companionship, and loss of financial support.
- Punitive Damages. In cases involving gross negligence or willful misconduct, the court may award punitive damages to punish the facility and deter similar conduct.
To ensure fair compensation, it’s critical to work with an attorney experienced in Texas nursing home liability laws who can accurately assess your claim and pursue all available avenues for recovery.
Common Causes of Nursing Home Falls
Nursing home slip and falls involve vulnerable residents who rely on staff for mobility and safety, making facilities legally responsible for preventing foreseeable accidents:
Common causes include the following:
- The staff does not monitor the patient closely enough
- The staff does not adhere to the fall risk assessment
- The floors of the facility are wet, whether due to a spill, cleaning, or inclement weather that is tracked inside
- Side effects from medications that may cause balance issues or drowsiness in the patient
- If the lighting is poor, that reduces each patient’s ability to notice any dangerous hazards or obstructions
- Floors that are uneven due to gaps or cracks in the surface
- Mats or throw rugs
- Walkers, wheelchairs, or canes that are defective
- Staff members improperly transfer the patient into or out of bed
- Staff members do not use safety equipment properly
- Staff members forget to lock the wheels of a wheelchair or walker
While many instances of negligence in nursing homes stem from the direct actions of staff, as noted, they often reflect deeper systemic failures within the facility’s administration—such as chronic understaffing, inadequate employee training, and poor supervision protocols.
Types of Injuries Commonly Seen in Nursing Home Falls
Falls in nursing homes are not only common—they’re often catastrophic, particularly for elderly residents whose health and mobility are already compromised. These falls can lead to serious, life-altering injuries that impact a resident’s long-term well-being and independence.
Below are the most common types of injuries associated with nursing home falls:
- Hip Fractures. One of the most serious injuries among elderly fall victims, hip fractures often require surgery and long-term rehabilitation and can lead to permanent mobility loss or fatal complications.
- Head Injuries and Traumatic Brain Injuries (TBI). Falls can cause concussions or more severe brain trauma, especially if the resident strikes their head on a hard surface. These injuries can result in cognitive decline or permanent neurological damage.
- Spinal Cord Injuries. Falls involving awkward or hard landings can damage the spine, potentially leading to paralysis, chronic pain, or a severe decrease in mobility.
- Fractures of the Arm, Wrist, or Leg. Residents often try to brace themselves during a fall, which can lead to broken arms, wrists, or legs. These injuries may limit independence and require surgical intervention.
- Soft Tissue Injuries. Bruising, sprains, and muscle tears are also common and, while less severe, can still cause significant pain and limit mobility for extended periods.
- Internal Injuries. In some cases, falls can result in internal bleeding or damage to organs—especially dangerous if not immediately identified and treated.
Prompt medical attention and thorough investigation are essential after any nursing home fall to determine both the cause of the incident and the full extent of the injuries.
Potential Compensation
When a nursing home resident in Dallas suffers a slip and fall injury due to negligence, they or their family may be entitled to significant financial compensation through a civil claim. Texas law allows injured parties to recover damages not only for immediate physical harm but also for the long-term consequences that often follow—especially older adults who may face permanent impairment, loss of independence, or even death.
Below are common categories of compensation available in these cases:
- Medical Expenses. Covers hospital bills, emergency room visits, diagnostic tests, surgeries, rehabilitation, medications, and future medical care resulting from the fall.
- Pain and Suffering. Compensates for the physical pain, emotional distress, and diminished quality of life experienced by the resident due to the injury.
- Loss of Enjoyment of Life. This applies when the injury prevents the resident from engaging in activities they previously enjoyed or significantly impacts their daily functioning.
- Disability or Disfigurement. If the fall results in permanent injury or visible disfigurement, additional compensation may be awarded for long-term impact and emotional toll.
- Wrongful Death Damages. If a resident dies due to the fall, surviving family members may be entitled to damages for funeral costs, loss of companionship, and loss of financial support.
- Punitive Damages. In cases involving gross negligence or willful misconduct, the court may award punitive damages to punish the facility and deter similar conduct.
Schedule a Free Consultation Today
Nursing home slip and fall cases have a unique complexity that makes them difficult for individuals to handle independently. These cases often involve intricate legalities, overlapping medical negligence and personal injury laws, and complex insurance issues. A dedicated nursing home slip and fall attorney can identify the responsible parties and gather irrefutable evidence. Our team uses this to build a strong case that ensures justice and rightful compensation for the victim. Schedule a free, no-obligation consultation today.
When you are ready to discuss your case with an experienced DFW nursing home neglect lawyer, contact us today to schedule a free, no-obligation consultation.
