The risk of falling and sustaining injury is higher among elderly people as their age affects their health. Even while under the care of nursing home staff, elderly residents living in nursing homes can still fall and critically injure themselves. It is possible for a resident to file a personal injury claim seeking compensation for their injuries. However, are nursing homes responsible if a resident falls while under their care?
If a resident falls in a nursing home, the nursing home isn’t necessarily liable for the fall. Nursing homes or nursing home staff could be found liable for a resident’s injury if it can be proven that the nursing home acted in a highly negligent or reckless manner. Nursing homes are expected to anticipate and minimize the chance of their residents falling by providing:
- Grab bars or rails in the facility
- Safe height of beds and seats as well as appropriate cushioning
- Walkers or canes to provide support
In order to prove that the nursing home is responsible for a resident’s fall, the injured party will have to prove that the nursing home acted in a very negligent or careless manner. Outside of proving that nursing home owed a duty of care to minimize the risk of falls for residents, it must also be proven that this duty of care was not met. An example of a breach of duty of care would be if caretaker of a nursing home failed to move a resident into their bed properly. In addition, the injured party will also be required to show that this breach resulted in the resident’s injury, such as if the improperly moved resident fell off the bed and hurt their hip. Monetary damages can be recovered in such cases and used to cover several costs, including medical costs.
Before filing a personal injury lawsuit against a nursing home, contact an attorney who can offer you legal guidance through complex personal injury laws. The experienced personal injury attorneys at Golden State Lawyers are prepared to look over your case and offer appropriate legal advice. Contact our law office today.