Fall Injury Lawyer
Nursing Home Fall Injury Lawyer
Fall Injury Lawyer. According to an article produced by the American Academy of Orthopaedic Surgeons, the absolute goal is to prevent a fall injury. The cost of fall injuries among older people is enormous because of the high death toll, disabling conditions and recovery in hospitals and rehabilitation institutions.
The Center for Disease Control and Prevention (CDC) estimates that by the year 2020, the annual direct and indirect cost of fall injuries is expected to reach $54.9 billion (in 2007 dollars). Thirty percent of people over the age of 65 will fall each year. In 2006, about 1.8 million people 65 and older were treated in emergency departments for nonfatal injuries from falls, and more than 433,000 of these patients were hospitalized. Ninety percent of the 380,000 hip fractures treated annually in the United States occur as a result of a fall.
Approximately 25% of hip fracture patients will make a full recovery; 40% will require nursing home admission; 50% will be dependent upon a cane or a walker; and 20% will die in one year. The National Osteoporosis Foundation reports that a total of 15,802 persons aged 65 years and older died as a result of injuries from falls in 2005.
Unlike many types of accidents, falls are often preventable with adequate and trained staff providing proper care and monitoring. Even if the actual fall event is an accident many facilities fail to take the necessary required steps to protect the interests of the vulnerable adult, by not adequately responding to the fall event.
After a fall the individual needs to be closely monitored and assessed by qualified nursing or home staff. Often the nursing home does not ensure that the resident is assessed by a RN or medical doctor, rather they rely on the LPN and nursing assistant staff to look for changes in the condition of the resident that could signal a problem related to the fall, the most common of which is a subdural hematoma, leading to brain swelling, and often death. Frequently falls result in the breaking of a bone, many times at the level of a joint such as in the hip or knee. The injury may result in the resident becoming bedridden or confined to a wheelchair for rehabilitative care. The loss in ambulation can then lead to many other risk factors such as bed sores from the pressure of laying on the same area for extended periods of time, and loss of muscle strength, leading to additional falls. Fall injuries can also lead to death months after the incident from complications such as pneumonia.
CONTACT AN EXPERIENCED NURSING HOME FALL INJURY ATTORNEY 612-743-9048
Nursing Home Fall Injury Prevention
Avoiding falls and result a fall injury is very important and should be one of the primary focuses in the nursing home. To protect the residents the nursing home should be frequently monitoring the resident to determine the risks for falling and taking interventions to reduce the change of a fall incident. The effectiveness of the interventions should be evaluated to ensure the effectiveness of safety interventions and if they need to be modified. This is particularly important if there is any sudden change in a resident’s ability to function physically and changes with the cognitive or behavior status of the resident. These changes could be due to an underlying medical condition which needs to be addressed, or problems with medication or numerous other issues. Assessments needed to be performed by a qualified RN nurse, not lower-level nursing staff, who should instead be making observations, and reporting their finding to those qualified to enact appropriate safety measures. Call 612-743-9048 to speak with an experienced fall injury lawyer.
Fall Injury and Fracture Trauma Complications
Falls can result in the following injuries and outcomes:
- Fractures, such as hip fractures
- Head injuries/subdural hematomas
- Minnesota Nursing Home Wrongful Death Attorney
- Paralysis and bed rest
- Surgical intervention
- Long term disability /loss of mobility
- Extreme suffering and pain
- Expensive medical treatment and care
Fall Injury Lawyer - Federal Nursing Home Accident Regulations
A nursing home must ensure that the resident receives adequate supervision and assistive devices to prevent accidents. According to federal regulation 42 CFR §483.25 (h): 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.
Questions to Ask After a Fall Injury Accident
- Request the Nursing Home Fall Prevention Policy
- Has a fall risk assessment been performed?
- Was the resident considered at risk for falling?
- Had the resident fallen in the past? How many times? When was the last fall?
- Was there one-to one monitoring after the fall(s)?
- What was the delay between time of fall and when the resident received medical attention?
- When were the family and resident’s doctor notified of the fall?
- Were vitals and post incident assessments performed?
- What fall precautions were in place before the fall?
- Bedrails, bed alarm, floor mats, lowered bed?
- Were there any post fall assessments made to protect resident’s safety?
- Were there other risks for fall such as dementia or reactions from medications, or blood glucose levels, as well as anticoagulants?
For more information see: How to Know When a Fall Injury is Neglect?
Answer :
- In general, a resident in a care facility has the greatest risk of falling and the resulting serious injuries when they are transferring from one place to another. Examples include falls from bed to wheelchairs, falls from wheelchair when getting on and off toilets, falls out of mechanical lift (aka Hoyer lifts).
- Falls also occur when residents are bathing and showering, due to the slippery surfaces and often the lack of strength to support themselves without assistance or supervision.
- Falls also happen when people fall from bed (usually when sleeping). Safety assessments and measures need to be taken by the facility to ensure the resident is safe in bed. Interventions such as a lowered bed, concave mattress, protective pillows, guard rails, and floor mats are all designed to reduce the risk of suffering injury when falling from bed.
- Another activity that places residents at risk of falling is dressing and undressing each morning and evening and when toileting and bathing. Residents need to be provided with the necessary assistance with daily activities (ADLs) to keep them safe from preventable falls.
Answer: Falls need to be prevented at all costs. The injuries can be very serious and life threatening even when the fall is only from standing height. Falls often result in:
- Fractured hips or pelvis and require surgery to repair when possible. Due to the prolonged recovery period, these fractures often result in the death of the resident within several months of the event.
- Broken legs and femurs, which are also very painful and often require surgical repair.
- Subdural hematomas (bleeding on the brain). This is a very serious situation and can lead to brain injury or death.
- Cervical and other spinal fractures, also very serious and usually require surgical intervention.
- Torn rotator cuffs and other ligamental injuries.
- Extreme facial bruising and fractures, broken nose, and teeth.
- Death of the resident, due to fractured neck, spine, subdural hematoma, surgical complications or respiratory issues during recovery due to immobility.
This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation. Kenneth L. LaBore is an attorney who has handled hundreds of elder abuse and neglect cases and is experienced with the federal and state regulations and industry standards of care created to reduce the likelihood of injuries to nursing home residents from falls and other preventable accidents.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact and experienced fall injury Attorney Kenneth L. LaBore, directly please send an email to: KLaBore@MNnursinghomeneglect.com, or call Ken at 612-743-9048 or fill out the form on this page to discuss your case.