Was your elderly parent or vulnerable loved one hurt in a fall accident in a nursing home in Ohio? It is normal to feel stressed out. Falls in nursing homes can cause serious injuries. This raises an important question: What to do when a resident falls in a nursing home? As a family member, it is imperative that you take immediate action to protect their health, well-being, and legal rights. Here, our Cleveland nursing home falls attorneys highlight the steps to take if your vulnerable loved one is hurt in an accident in an assisted living facility in Ohio.
Nursing Home Fall: A Serious Risk
Nursing home fall accidents represent a serious risk. Agency for Healthcare Research and Quality (AHRQ) cites data showing that nearly half of nursing home residents suffer fall injuries each year.
Further, once an elderly person falls for the first time, their risk of future falls rises sharply. Falls in nursing homes can lead to severe injuries—or even fatalities—among elderly and otherwise vulnerable residents. These incidents are alarmingly common, with factors like muscle weakness, mobility issues, and environmental hazards within the facility all being common causes.
Proper preventative measures, including adequate staffing, regular training, and tailored care plans, are essential to mitigate fall accident risks. Beyond that, the design and maintenance of the living environment must prioritize safety. Some basic features such as non-slip floors, proper lighting, accessible support features like handrails, and proper monitoring can dramatically reduce the risk of a nursing home resident suffering a fall accident.
Steps to Take If a Loved One Falls in a Nursing Home in Ohio
Step #1: Make Sure Your Loved One Gets Immediate Medical Care
As a fall in a nursing home can cause serious injuries, it is crucial that you ensure that your loved one receives immediate medical attention. Medical needs should always be the absolute highest priority. Be sure to actively request that the facility’s medical staff assess the injury and provide necessary treatment without delay. If the injuries appear severe, ask the nursing home to arrange for a hospital transfer. Do not hesitate to get your vulnerable loved one independent care outside of the network of the nursing home.
Step #2: Notify the Nursing Home of the FallÂ
Obviously, a nursing home in Ohio should be aware of the fact that a resident fall accident has happened—especially if a serious injury was sustained by a vulnerable person. With that being said, a formal report is recommended. You should inform the nursing home management about the fall as soon as possible. You do not need all of the information but you should be ready to provide details about where and when the fall occurred—along with any factors that might have contributed to the incident. The notification should prompt the facility to initiate an investigation.
Step #3: Document the Nursing Home Fall Accident
You need to be prepared to show exactly how and why a nursing home fall accident happened. Of course, this is important from a health and safety perspective so that you can prevent your vulnerable loved one from future fall accidents. It is also important if you are considering pursuing a legal claim against the facility. Document every aspect of the fall, including the date, time, location within the facility, and potential causes. Take photographs of the area where the fall occurred—with attention paid to any hazards or lack of safety measures. Finally, you should try to collect the names and contact information of witnesses and nursing home staff who were present at the time.
Step #4: Consult With a Cleveland Nursing Home Negligence Lawyer
Nursing home fall accident claims are complex. Your loved one needs justice and the maximum available financial compensation. You do not have to take on the challenges of the legal claims process alone. A proactive approach can make all of the difference. The right attorney is an extremely valuable legal resource in these claims. Along with other things, your Cleveland nursing home negligence lawyer can review the case, answer questions, and develop a plan of action.
Are Nursing Homes Liable for Falls?
Yes—or at least they can be if the fall happened as a consequence of their negligence. Still, nursing homes are not automatically liable for a fall accident. Under Ohio law, nursing homes have a duty to provide a safe environment and adequate care for residents. This includes proactively addressing fall risks through proper staffing, proper supervision, proactive maintenance of the premises, and tailored care plans for each resident.
If a nursing home fails to meet these obligations and a resident suffers a fall as a result, the facility can be held responsible for damages.
Liability is dependent on proving negligence. All nursing home fall accidents in Ohio should be thoroughly investigated by an experienced nursing home negligence lawyer. A top attorney will gather and prepare all of the evidence that you need to prove fault and establish liability.
Recovering Compensation
Was your loved one hurt in a nursing home fall accident? In Ohio, you and your family have the right to seek compensation for the full extent of economic and non-economic losses. Unfortunately, nursing homes and their insurance carriers are notoriously aggressive. They fight hard to pay out as little as possible to victims. You and your family may be entitled to recover damages for:
- Emergency medical care;
- Other hospital bills;
- Physical therapy;
- Cost to relocate loved one;
- Other out-of-pocket costs;
- Pain and suffering;
- Emotional trauma;
- Disability or disfigurement; and
- Wrongful death.
Contact Our Cleveland Nursing Home Fall Attorney Today
At Tittle & Perlmuter, our Cleveland nursing home abuse & neglect attorneys are skilled, experienced advocates for vulnerable residents.
If your loved one was hurt in a nursing home fall accident, we are more than ready to help. Give us a phone call now or contact us online for a free, no-obligation case review. With offices in Cleveland, Chardon, Sandusky, and Elyria, we handle claims throughout Northeast Ohio.
