Hip Fracture Attorney - Nursing Home Neglect
Hip Fracture Lawyers. Hip fractures in nursing homes occur in many different ways. Most which are the result of preventable falls. Broken bones and other injuries often happen in the resident’s room, including falls from bed, tripping over cords, oxygen and other tubes, falls from mechanical lifts or falls from the toilet or in the shower. Many of these situations could be prevented with properly trained staff providing the resident assistance with safety interventions including supervision and help with transfers.
Pelvis and Hip Fractures in Nursing Homes Are Life Threatening Injuries
Injuries which result in a person being unable to ambulate and get out of bed can result in increased risk of developing respiratory issues which can result in hospitalization or even death. There is an increased morality in persons who suffer a hip fracture for several months after the fall.
Pursuant to 42 CFR 483.25(d) nursing homes and skilled nursing facilities have a duty to assess residents and take measures to prevent accidents.
Accidents. The facility must ensure that—
(1) The resident environment remains as free of accident hazards as is possible; and
(2) Each resident receives adequate supervision and assistance devices to prevent accidents.
Complication After a Fall Can Result in Death
In addition to the extreme pain, broken femur, pelvis, hip or other injury which results in long periods of confinement in bed or limited mobility can also result in respiratory issues that result in distress and death. It is important that rehabilitation is started as soon as possible to have the best chance of recovery. Someone who dies after a fall with fractures can die months later due to complications from those injuries.
Contact Experienced Attorneys to Discuss Your Case
We have handled hundreds of cases of injuries and death suffered from preventable falls. Speak with us in a free no commitment or cost consultation, call 612-743-9048.
Our attorneys handle nursing home neglect, memory care neglect, assisted living neglect, group home and home care neglect and other care provider malpractice and wrongful death claims.
Answer: We only charge fees and the related costs of recovery when our client receives a verdict or settlement in their favor.
Answer: According to Minn. Stat. § 145.682 a "health care provider" includes all persons or entities providing health care, such as hospitals and nursing homes.
Answer: Yes, in general, in the claim is for personal injury pain and suffering is usually a part of the claims available. It is important to hire attorneys knowledgeable on the elements of proving such claims.
Also, there has historically not always been a claim for “pain and suffering” for the victim of neglect where the injuries result in their death. It was not until 2023 when Minn. Stat. § 573.02 was amended to add the claim “the recovery in the action is the amount the jury deems fair and just for all damages suffered by the decedent resulting from the injury prior to the decedent's death”, which includes pain and suffering.
Answer: The Minnesota Department of Health maintains a site to search for Health Care Provider Complaints. The site includes information about the complaints if they were substantiated as well as what measures were taken to improve the facility afterwards.
Answer: There is a Minnesota Adult Abuse Reporting Hotline Center (MAARC), which intakes elder abuse and neglect concerns and is answered 24 hours a day at 1-844-880-1574.