My elderly parent recently had a fall while staying in a nursing home, and I'm concerned about what steps our family should take next. Thankfully, there don't appear to be any serious injuries, but I want to make sure we're handling the situation properly. Should we request a copy of the incident report and medical records? Is it a good idea to ask the nursing home how the fall happened and what changes they'll make to prevent it from happening again? At what point should families consider filing a complaint or seeking legal advice if they believe the fall may have been caused by negligence? I'd appreciate any advice or experiences from others who have dealt with a similar situation.
I would ask to see the incident report. Ask for a copy if you wish.
What is important is what steps were followed after the fall.
What steps will be taken to help prevent another fall. But know that another fall will probably happen at some time.
You mention negligence.
That may be very difficult to prove. Even if an Aide, CNA, or Nurse is standing RIGHT next to a person that does not prevent a fall. (although a person can "minimize" a fall by helping the fall to happen safely. Stopping a fall can do more damage and cause more injury than allowing a safe, controlled fall)
The fact that there are no serious injuries you just be thankful and hope that another incident does not occur.
Is you mother a fall risk? How did the fall occur? Did the staff follow policy and procedures according to state law?
Sadly, many elderly experience falls and it is the nature of aging, dementia and becoming frail. But not all are do to negligence of the facility. Restraints can not be used and many elders are not mentally capable to remember they are not able to walk or are unsteady and need assistance.
By law restraints cannot be used. If they were allowed, there may be fewer Falls. I was lucky to have a RN in the family. I would ask her if I should complain or not. LTC is not perfect. I had a problem with Moms bra being put on. She had to have it otherwise she broke out in Yeast infection which was easier to prevent than cure. My daughter explained the aides schedule to me. Where did I put her bras, in the drawer next to her bed with her socks. That was the problem. Aides dress from the top down so by the time they saw the bra Mom was fully dressed. They don't have time to undress her because they have other residents that need to be dressed by breakfast. I am OCD and would put her clothes in sets. So, I started hanging the bra with each set. They never combed her hair right. So I carried a brush and hairspray with me. You need to pick your battles.
I cared for my late husband at home until his death and there were many times that he fell when I was near him or in the other room, and I knew that it wasn't my fault or because of something I didn't do ie. some kind of neglect.
Falls are as common in facilities as is eating and drinking, and yes there should be an incident report that you should be able to look at, but you have to understand that all facilities have many people to look after and they can't be everywhere every minute and that for many reasons falls will happen.
I know that there's a member on here whose mother fell over 90 times while in a very nice memory care and never once did she blame the facility but accepted the fact that her mother was a fall risk and that the facility was doing the very best they could.
I wouldn't get lawyers involved at this point. The staff is human and may be defensive to have these things interfered with by a lawyer. I am sorry to say it, but these are the prople who are caring for the patients and accusing them of negligence for something as
common as falls may alienate them from the patient and the family.
You need to be realistic about the situation. If a pattern of falls develops, it may be worth investigation. Maybe they need a different approach or level of care. Just don't rush into accusations of improper care until you know the facts.
They would call me after every fall. They would examine him after his fall and let me know he was okay. They would tell me what they were doing to prevent falls-like putting a pad on the floor or lowering his bed closer to the ground or putting triangular shaped cushions next to his body in the bed under the sheets to make it harder for him to get his legs over the side.
Falls happen.
I'd say, ask them to let you know after he falls. Ask if they checked him over and if there were any injuries. Ask if there is anything they could be doing to help prevent the falls.
"A major Harvard study of more than 4,700 negligence claims against nursing homes found that 61% of closed claims resulted in a payment to the plaintiff, while another similar study of over 5,200 closed claims found about 66% resulted in payment. Those payments include settlements as well as verdicts—they do not mean the plaintiff won at trial.
Falls are the single most common allegation. In those same studies:
About 26% of all nursing home negligence claims involved falls, making falls the most common basis for lawsuits.
What makes a fall case strong?
A fall by itself is not negligence. Nursing homes are not insurers of residents' safety. Frail elderly residents fall even when appropriate precautions are taken.
Plaintiffs usually must prove something like:
- The resident was known to be at high risk for falls.
- The facility failed to follow its own care plan.
- Staff ignored physician orders.
- Required supervision wasn't provided.
- Call lights went unanswered.
- Bed or chair alarms were disabled or ignored.
- The resident wasn't assisted with transfers despite needing assistance.
- Understaffing contributed to the fall.
- The delay in discovering or treating the resident worsened the injury.
Cases involving death
Cases become significantly stronger when there is evidence that:
- the fall caused a hip fracture or brain bleed,
- there was a delay in diagnosis,
- the facility falsified records,
- staff failed to monitor the resident after the fall, or
- there is documentation showing the facility ignored known risks.
One thing families often misunderstand. People sometimes assume:
"Mom fell in rehab, therefore the facility is liable." Legally, that's not enough. The question becomes:
Did the facility act reasonably under the circumstances?
If they performed appropriate assessments, created a care plan, provided the required assistance, and the resident still fell, there may be no negligence.
Conversely, if records show repeated ignored fall risks or failure to follow the care plan, the likelihood of a successful claim increases substantially.
If you lose, you may be responsible to pay the facility's legal fees (this varies by state). "
1. Have PCP order PT to strengthen muscles and balance.
2. Walk with your loved one in the hallways if they can stand and walk. Let them use their walker. Those who can stand and walk (even with a walker) have stronger muscles and are less of a fall risk.
3. Evaluate what meds your loved one is on. Many meds increase fall risk.
Mom's PCP refused to put her on sleeping meds as he said they raise the fall risk.
4. Eating enough protein to keep muscles strong.
5. If your loved one is strong enough to stand and walk (even with a walker) walk around the halls with them on your visits instead of sitting in the room.
I'm sorry you went through this.
this is perfect advice. My routine with my Mom is to walk at every visit.
avoid meds that cause dizziness. My Mom takes melatonin at night instead of a sleep aid. Seems to be working. Also got her off of gabapentin and one of her blood pressure meds. She is so much better. Going on 4 months without a fall. I count it a victory.