Falls from beds, showers, and chars in nursing homes result in thousands of severe injuries each year. In fact fall from beds are one of the most common types of accident to befell elderly and infirmed residents in nursing homes and long term residential care centers. Under elder abuse and elder neglect laws nursing home staff, employees and operators owe a duty of proper care, treatment and assistance to individual who are not able to care for themselves. Victims of maltreatment and neglect in nursing home are entitled to full and just composition for injuries suffered. Legal Assistance: To seek legal help contact our elder abuse law firm toll free at (855)385-2529. All consultations are free of charge and completely confidential.
Legal Definition of Elder Abuse and NeglectUnder California law elder neglect is a form of elder abuse. Neglect of the elderly is defined as the negligent failure of any person having the care or custody of an elder or dependent adult to exercise that degree of care that a reasonable person in like position would exercise.” Specific action of neglect can include the failure properly assist an individual from moving from the bed to another location in the nursing home. Who is an elder: In most jurisdictions the term elder is reserved for two classes of individuals. (1) Persons over a certain age, usually 65 or older and (2) Persons between the ages of 18 and 65 who, due to a disability of illness, are not able to care for themselves. Steps Which Must be Taken By Staff After a Fall In a Nursing Home: Under nursing home accident and abuse reporting laws there are several step which should be taken by nursing homes and care centers immedialty after a fall.
- Insure the safety of the injured resident
- Notify care centers resident physician or emergency response team
- Notify the victims responsible party
- Provide follow up assistance
- Documentation of the incident
- Notify supervisors and operators of nursing home
- Fractured Hips
- Traumatic Brain Injury – head damage
- Facial injuries
- broke hips and clavicle
- Spinal cord injury
- Broken bones including wrists, ankles, and ribs
- Internal organ damage
- Paralysis and nerve damage
- Neck Injury
Winning Your Case in the Court of Law – Filing a Nursing Home Neglect LawsuitA case against a nursing home for falls from beds or chairs is predicated on finding that the failure to provide adequate assistance or any assistance at all when warranted resulted in the fall of the victim. Evidence that can be brought to show the failure to adequately respond to a person’s needs may include
- Nursing homes knowledge of prior instances of falls by the victim.
- Failure to provide for monitoring or a call system for resident of nursing homes.
- Failure to investigate the cause of falls in their facilities to determine the cause and place preventative measures such as non slick flooring and beds with side support.