To determine if a nursing home is liable when a resident slips and falls, the family of the victim and their attorney must prove that the facility’s negligence directly caused it. This process requires an understanding of the legal obligations of nursing homes, the rights of residents, and the specific circumstances surrounding the fall. For example, nursing homes must determine if the resident is a fall risk and implement fall prevention protocols at admission.
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If a family member or loved one has experienced less-than-expected care in a nursing home in the Dallas metro area, seek legal counsel as soon as possible. At Crowe Arnold & Majors, LLP, we have handled many cases of nursing home abuse and neglect in Dallas, including slip and falls. We are experienced in handling the convoluted legal system surrounding Texas nursing home litigation. Call to schedule a free consultation.
The Rights of Nursing Home Residents
The Nursing Home Reform Act (NHRA) of 1987 is a pivotal federal law to ensure residents receive high-quality care, including protection from abuse, mistreatment, or neglect. If a nursing home or its staff fails to uphold these standards, it can be held responsible for any resulting injuries.
As noted above, nursing homes are legally required to identify residents who are “fall risks,” and implement fall intervention plans. If a care facility does not follow these requirements and a fall results in a severe injury to a resident, it can be considered a form of patient neglect, and the nursing home may be liable.
Fall Intervention Plans
As noted above, nursing homes, hospitals, and other care facilities are required to follow a fall intervention plan to mitigate the risk for residents. Examples include the following:
- A sticker on a resident’s door that indicates they are a fall risk.
- Checking on residents at set intervals.
- Placing fall pads around a resident’s bed.
- Creating a bathroom schedule so residents have help when they need it.
- Pressure alarms should inform staff when a resident tries to get out of bed or use a wheelchair.
- Easy access to “help” buttons.
Nursing homes have a legal obligation to protect all residents from preventable injuries. It can be held responsible if it lacks fall prevention protocols. Further, liability does not shift off the nursing home if a resident does not request help and falls.
Steps to Take After a Fall in a Nursing Home
When addressing concerns about your loved one’s care, gathering evidence after a slip and fall is essential because administrators may dispute your claims. For example, you can document physical injuries by taking pictures and noting the time and date you first noticed them.
- If your family member has suffered serious injuries or complications from a fall, ensure they receive medical attention. Further, document any medical evaluations and diagnoses linked to the suspected neglect.
- If you believe your loved one is in immediate danger, call the authorities and notify the police. Ensure you file a complaint with them. Each state has some form of protective services for adults. If you are unsure who to contact in your state, call the National Center on Elder Abuse at 1-800-677-1116.
Finally, consult a Dallas Nursing Home Abuse Lawyer, and we can begin a comprehensive investigation. We can also offer guidance on your legal options, help you gather additional evidence, and advocate on your behalf.
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Your family member deserves the utmost care and safety in a nursing home. However, if the facility did not implement fall prevention protocols and your loved one was seriously hurt, we can help.
With assistance from our experienced legal team at Crowe Arnold & Majors, LLP, you may be able to negotiate an optimal settlement deal. If matters come to a head, our aggressive trial lawyers will fight hard to preserve your right to full and fair compensation in and out of the courtroom. Contact a nursing home neglect lawyer to schedule a free, no-obligation consultation.
