Can I Sue For A Slip And Fall In A Nursing Home?
According to the Centers for Disease Control and Prevention (CDC), each year millions of Americans who are over the age of 65 slip and fall. While many of these falls do not result in injuries, 1 in 5 does, resulting in nearly 3 million elderly patients being treated in emergency rooms for fall injuries each year.
Did your loved one recently suffer a slip and fall, or any other type of injury, in a Philadelphia nursing home? You should know about the legal options available to you. While nothing can undo the damage that has been done, the civil justice system makes it possible for victims to seek justice.
You may believe that your loved one’s nursing home injury was the result of an accident. The nursing home staff may have explained to you the same – that the incident was purely accidental. However, accidents are often the result of negligence. As we discuss on this informational page, negligence is exactly the basis for a nursing home slip and fall lawsuit.
Don’t let more time pass without learning more about the financial compensation you may be entitled to. Only by speaking with an experienced legal team can you find out the full extent of legal avenues for justice that exist. If there are any questions left unanswered after reading this resource, or if you believe you have a case, get in touch with our team today for a free legal consultation. Statutes of limitation could prevent you from filing a legal claim, so don’t delay in contacting our team.
Facts About Nursing Home Slip And Fall Accidents
The reality is that normal changes that occur when humans age can increase the risk of an elderly person falling, including:
- Loss of balance.
- Poor vision.
- Foot pain.
- Muscle weakness.
- Various medical conditions.
There are certain medications that can also cause a patient to become unsteady.
Nursing home staff are literally trained to care for members of the community who are residents because they cannot care for themselves. Not only must they provide the support that is needed to prevent a fall because of one of the above conditions but they must also take steps to ensure that environmental factors don’t cause a fall.
Nursing Homes Are Responsible For Patient Care And Safety
Whenever a patient is admitted into a nursing home, the home is responsible for assessing the needs of that patient. Assistive devices, such as wheelchairs, walkers, rails, and anti-slip walking surfaces should be provided. Additionally, the height of a resident’s bed, toilet, and chairs should be assessed.
Despite this, hundreds of falls are reported in nursing homes each month with many of these accidents resulting in serious and expensive injuries.
Common Slip And Fall Injuries In Nursing Homes
The most common injuries sustained in a slip and fall injury include:
- Traumatic Brain Injury
- Spinal Damage
- Broken Hip
- Other Broken Bones
- Nerve Damage
These injuries are not only extremely painful but they can also cause serious complications in an elderly patient, complications that can be life-threatening.
Is The Nursing Home Responsible For A Slip And Fall?
Proving liability in nursing home slip and fall cases can be very difficult. However, if one of the following can be proven, legal action can typically be taken:
- The nursing home failed to assess the patient’s needs upon admission.
- The nursing home failed to regularly reassess the patient’s needs over time.
- Improper care tactics were used.
- Unqualified employees provided the care they did not know how to do.
- The nursing home was understaffed, resulting in neglectful care.
- Environmental hazards were left to worsen and potentially cause a fall.
An experienced slip and fall attorney can review the circumstances and determine what kind of legal action you or a loved one could potentially pursue.
Making the call to a law firm should take place as quickly as possible because it’s important for an attorney to take immediate action in order to preserve evidence, such as photographs, videos, medical records, and witness statements.
How Much Is A Nursing Home Falling Accident Lawsuit Worth?
There is no way to determine exactly how much a case is worth without first reviewing it. Keep in mind, however, that the settlements and verdicts that we have obtained for past clients are meant to restore them to the condition they were in prior to their accident. While this may not be entirely possible, financial compensation can ensure that the right care is provided without the worry of financial strain.
How Long Will A Slip And Fall Lawsuit Against A Nursing Home Take?
The legal process is not a fast one and many lawsuits take over a year to resolve. This is because it takes time to file the necessary paperwork, collect evidence, schedule depositions, negotiate settlements, and, if a case goes to trial, schedule a court date. At Philly Slip and Fall Guys, we understand how frustrating this process can be which is why we strive to provide each client with the support they need. If you or a loved one were hurt in a nursing home slip and fall, contact our law office today for a free consultation.