Even a minor fall can be very serious for an elderly family member. Many elderly individuals who live in nursing homes have mobility issues and getting bumped or losing their balance can cause someone to fall down. A fall can lead to broken bones, fractures, neck or back injuries, and brain injuries.
Unfortunately, many of the falls and accidents in a nursing home are preventable. However, nursing home companies may be more interested in making money than keeping residents safe. A personal injury lawsuit can help hold nursing homes accountable for their negligence, and help keep other residents safe.
If a family member suffered a broken bone after a fall in a nursing home, talk to a New York personal injury lawyer from Sullivan & Brill, LLP. Our legal team represents injury victims across New York, including Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Long Island, and Westchester County. Contact us today at (212) 566-1000 for a free consultation.
Nursing Home Fall and Fractures Injuries in New York
According to the Centers for Disease Control and Prevention (CDC), millions of people 65 and older fall every year. One out of five falls causes a serious injury, such as broken bones or head injury. Falls for older adults is the most common cause of traumatic brain injury (TBI). The risk factors of a fall injury for older adults include:
- Lower body weakness
- Vitamin deficiency
- Difficulties with walking and balance
- Use of medicines that can affect balance
- Vision problems
- Nursing home hazards or dangers (uneven flooring, torn carpeting, wet surfaces)
Brain injury and broken hips are among the most dangerous fall injuries. More than 95% of hip fractures in older adults are caused by falling.
Preventable Falls and Broken Bones
Many of the falls and fractures in nursing homes are preventable. The nursing home administrators or employees who are negligent in protecting residents may be liable for the injuries and damages caused. Negligence may be caused by:
- Improper fall risk assessment,
- Lack of training,
- Lack of assistive devices,
- Improper bed rails,
- Failure to clean up after food or liquid spills,
- Staff not responding to calls for assistance,
- Under staffing,
- Lack of supervision,
- Negligence in hiring,
- Failure to warn residents of trip hazards,
- Poorly maintained wheelchairs,
- Improper nutrition, or
In some cases, a non-verbal nursing home resident may have suffered a fracture and the fracture is never recorded. Nursing home staff may ignore the signs and indications of a fracture, including pain, inability to stand, swelling, and misaligned limbs. Failing to properly report or diagnose a fracture may lead to permanent damage.
Damages in a Nursing Home Fall Accident
A fall or broken bone for an elderly nursing home resident may require extensive medical treatment. Even a minor broken bone may lead to surgery, in-patient hospital care, and could increase the risk of a hospital-acquired infection. If the infection is not kept under control, it could lead to sepsis, amputation, or death.
If the nursing home is held liable for causing the fall, the nursing home resident may be able to file a personal injury claim against the nursing home. Damages in a nursing home fall accident may include:
- Medical bills, and
- Pain and suffering.
If the nursing home resident died as the result of a fall, the surviving family members may be able to hold the nursing home accountable through filing a wrongful death lawsuit. Damages in a wrongful death claim may include:
- Funeral costs
- Burial costs
- Medical bills
- Loss of financial support and services the deceased would have provided
Talk to the experienced nursing home injury lawyers at Sullivan & Brill, LLP to find out about the damages available in a nursing home fall accident.
New York Nursing Home Injury Attorneys
Our team at Sullivan & Brill, LLP prepares each case as if we are proceeding to trial. We do a complete examination of the facts, including utilizing skilled outside investigators. We manage each of our cases personally. Handing most of the legwork off to associates is not our style.
Our experienced New York nursing home injury attorneys arrive at the negotiating table thoroughly prepared and determined to reach a favorable settlement. If discussions prove ineffective, we are fully equipped to fervently litigate on our client's behalf. Contact us today for a free case evaluation online or call us at (212) 566-1000.