Unwitnessed Fall In a Nursing Home
My Loved One Fell in a Nursing Home and No One Saw It. What Now?
It’s the phone call that you never want to get — your loved one in nursing care has fallen. Worse, sometimes it seems to have happened in a vacuum. No one saw anything. There were no witnesses; there’s a report, but no one seems to know where it is. What fall? Yet your loved one may be in the hospital… or worse. Something happened, but no one wants to tell you what.
Read on for a general guideline on what to do if someone you care about falls in a nursing home and no one claims to have seen it.
Seven Causes of Nursing Home Falls
There’s no single ultimate cause of nursing home falls, but many elements can contribute to one.
Here are eight common reasons falls happen in a nursing home:
1. Age
For elderly nursing home residents, factors related to aging are frequent risk factors for falls, including muscle weakness, reduced balance, reduced coordination, and limitations on vision and hearing. The CDC reports that more than one out of four people aged 65 and older fall every year.
2. Medical Conditions
Chronic health conditions like arthritis, heart disease, diabetes, and neurological conditions can lead to falls. Cognitive impairments and the side effects of certain medications (or medication mishaps) may also have an impact.
3. Environmental Factors
Maintaining safe premises helps keep people safe. Common environmental threats could include slippery surfaces, poor lighting, or insufficient handrails and grab bars. Clutter or obstacles may increase the likelihood of trips and falls.
4. Improper Footwear
Ill-fitting or inappropriate footwear is an underappreciated risk factor for falls. Ill-suited footwear could be a factor in common injuries for older Americans (among other injuries).
Investigating such incidents can prove tricky due to the possible number of contributing factors. Legal professionals, like a Bethlehem nursing home abuse lawyer, or those in similar Pennsylvania offices have experience here and can help offer critical assistance.
5. Lack of Supervision or Inadequate Staff Training
If staff members don’t properly supervise nursing home residents, falls are almost inevitable. Even if under supervision, staff members who have not been properly trained to prevent falls may unintentionally cause them to happen.
Rules on hiring and training can differ based on state. So, for an expert in Pennsylvania guidelines, an Allentown nursing home abuse lawyer can help provide insights and possible solutions.
6. Inadequate Assessment
Different patients have different risk factors for injurious falls. If the risk wasn’t accurately assessed, related injuries could pop up again in the future.
7. Inadequate Care Planning
Nursing homes maintain care plans for each resident. If the staff doesn’t follow the care plan, like providing assistance devices or helping residents with care plan tasks, an injury could result.
Understanding the Risks of Falls in Nursing Homes
Accidents in nursing homes can have devastating consequences.
Below are some of the risks of a nursing home fall:
Physical Injury
The injuries suffered by nursing home patients who fall can be severe — broken bones, sprains, bruises, and head trauma. The consequences can include disability, pain, and diminished quality of life. Especially among older adults who fall in nursing homes, long-term complications of falls can consist of extended hospitalizations, risky surgeries, and possible infection.
Functional and Psychological Decline
Injuries and psychological trauma can lead to decreases in already limited function and independence as their abilities and even motivation start to decline. The psychological fallout from a nursing home fall can result in anxiety, depression, phobias, and a decreased sense of overall well-being.
Financial Costs
Treatment of injuries can come with high price tags — funds that nursing home patients and their families can scarcely afford to lose. The financial effects can threaten the quality of life for the whole family, making recovering losses a significant factor in helping everyone recover.
Hospitalization and Fatality Risk
Long-term hospitalization after a fall can be stressful, financially draining, and pose a risk of medical complications. Head trauma, like traumatic brain injuries, can be fatal in some tragic circumstances.
Quality of Life
All of the above risks from a nursing home fall can lead to decreased quality of life, which can be painful for the family to watch.
Immediate Steps to Take After a Fall in a Nursing Home
When you hear about a fall, take it seriously and take action immediately. Summarize the six steps below:
- Assess their Condition
Safety comes first. Determine if the victim is seriously injured and if medical attention is needed.
- Seek Medical Attention
If medical attention is needed, don’t hesitate to summon emergency services. That’s what they are there for.
- Document as Much as Possible
Start keeping a record as soon as possible. Screen-shot any messages, take pictures of injuries and premises if possible, and collect names of possible witnesses. Jot down any dates and details. An accurate and recent record of what happened can help protect your loved one’s health and dignity.
- Request a Care Plan Review
Immediately ask for a review of your family’s care plan and make a record of having made this demand.
- Inform Other Family Members
Remember, other family members may want to know what happened. They may also be able to assist in the legal events that could follow.
- Consider Reporting the Incident
A nursing home might downplay the incident, insisting a report is not appropriate or necessary. Tragically, that could very well be self-preservation rather than service to the best interests of their charges. Consider whether reporting the incident to a regulatory agency or ombudsman program is appropriate.
The guidelines on how to report nursing home abuse differ between states. For example, you can report Pennsylvania nursing home abuse to the Department of Health.
Communicating With Nursing Home Staff and Management
One of the most consequential actions to take in the wake of a fall is your interactions with the nursing home staff. Their liability burden in the event of a fall is heavy; some families have observed reactions including an excess of empathy to a stone wall of avoidance to avoid potential legal consequences.
You can help keep conversations productive with:
- Stay Calm and Professional: Speak calmly about your questions and concerns. Calm conversations tend to be more productive. When staff isn’t startled into a defensive position, more might be accomplished.
- Choose the Right Time and Place: Limit conversations to quiet, private settings where you maintain confidentiality. Prepare questions ahead of time.
- Listen Actively: Give the staff a chance to explain what happened. Note any inconsistencies in their stories.
- Ask Follow-Up Questions: If you get vague answers and explanations, consider digging deeper to determine what happened. Be alert for any inconsistencies.
- Request Details of the Care Plan: Close family members and fiduciaries often have the right to review the patient’s care plan.
- Discuss Rehab and Treatment: If the resident is to remain in the care of the nursing home (or if it’s at least a possibility), discuss with the staff members what the plan is for your loved one’s recovery.
- Request Follow-Ups: Don’t let one conversation be the final word. Set expectations about the next time you plan to address the issue with them.
- Get Help If Needed: Don’t be afraid to seek the help of legal counsel or an ombudsman program.
Investigating the Incident
Nursing home abuse and neglect is sadly common. Even if you respected the nursing care providers in the past, someone still might want to investigate the incident.
Some steps to investigating a fall in a nursing home include:
- Request Records
Ask for any incident reports, call records, and medical records that the incident may have generated.
- Interview Possible Witnesses
Even if “no one saw the fall,” speak to residents and staff if possible. See if you can get a sense of whether someone saw the fall and if they could provide insight into what happened.
- Ask for Policies and Procedures
Review the nursing home’s written policies and procedures for resident care and fall prevention. It’s possible that official policies are non-compliant and inadequate for fall prevention.
- Review the Care Plan
The care plan can also be a source of liability for the fall. If need be, seek expert help in reviewing the care plan for fall risk factors.
- Consider Seeking Legal Counsel
An attorney can help you investigate the claim and even bring legal action against the nursing home if necessary. Consider a law firm that specializes in nursing home abuse and negligence cases.
Legal Considerations and Rights
It may seem like the nursing home holds all the cards, but nursing care residents have well-established rights in the event of a fall, and the nursing home has concurrent responsibilities.
Here’s what to be aware of:
Right to Safe, High-Quality Care
Nursing home residents have a right to reasonable precautions and attention for their safety and well-being. Nursing care providers are responsible for maintaining a safe environment that limits the risk of falls.
Right to Information and the Right to Privacy
The resident, their family, and their powers of attorney have the right to information about their care and status. Residents and their families have a right to a reasonable respect for their privacy.
Reporting of Incidents, Filing of Complaints
Nursing homes shouldn’t prevent incidents from being reported or complaints filed when the health and safety of a resident are in question. Neither the nursing home nor its counsel should be cagey about the resident’s resources in the event of abuse or negligence.
Legal Counsel
The right to seek legal redress for wrongs and abuses is sacred in a society that values the rule of law, and nursing home abuse or negligence is no different. Nursing care recipients and their representatives have a right to legal representation if nursing home abuse or negligence is possible.
Laws on skilled treatment facilities differ by state. If you have concerns about a possible case in Pennsylvania, find an attorney near you, like a nursing home abuse lawyer in Easton, for example, with Cohen, Feeley, Altemose & Rambo.
Compensation
If the nursing home is found to be liable for the fall, the resident and/or their family may be entitled to monetary damages from the nursing home.
Access to Records
Most nursing homes are covered by HIPAA. As such, regulations dictate who can and cannot access a patient’s records. Access to medical records in nursing homes is protected by a variety of laws.
Nursing home residents have the right to request records, and so do other individuals, like the resident’s legal guardian or others, depending on the situation. The nursing home is limited in its right to keep records away as per state and federal law.
Regulatory Oversight
The nursing care industry is well-regulated, and the nursing home shouldn’t skirt its regulatory compliance burden in the event of a resident fall.
Preventive Measures and Future Care
Let’s discuss what can be done to prevent future falls and to see about ongoing care.
This might involve:
Fall Risk Assessment and Care Plan Updates
Revisit your loved one’s fall risk with an updated assessment conducted by another medical professional. If the fall risk has changed or isn’t what it was initially supposed to be, an update to the care plan to prevent future falls may be necessary, as well as updates to respond to any long-term complications that may arise.
Monitoring
Your loved one may need to be carefully monitored. Long-term complications from the fall may not be immediately obvious but may manifest quickly and even subtly.
Staff Communication
Maintain open and consistent communication lines with all relevant staff members. Make it clear you’re involved and intend to remain so.
Medication Review and Mobility Aids
Check and see if any medications or adherence protocols may have led to the fall and if any changes are warranted. Additionally, see if the resident has access to any mobility aids. The fall may be a sign that new ones are needed if they weren’t needed before.
Exercise and Physical Therapy
Don’t let fear of another fall leave a relative bedridden. They may need physical therapy to recover from the fall-related injuries, and ongoing exercise and physical fitness can do wonders to prevent future falls and maintain quality of life.
Vision and Hearing Care
If limitations of vision or hearing are factored in the fall, consider new treatments and care protocols for the change in ability.
Environmental Adjustments
Slippery surfaces, lack of grab bars, obstacles, trip hazards, and any other potential environmental hazards should be addressed. Non-slip flooring, particularly in restrooms, along with grab bars can help reduce the rate of injuries: Eighty percent of falls in the senior citizen population occur in the bathroom.
Staff Training
Inadequacies in staff training should be addressed to prevent future falls. Ask what protocols are in place and how often staff is required to train.
Legal Protections
Seek the help of legal counsel experienced in nursing home abuse or negligence cases. They can help guide you step by step through any legal processes (including possible trials or settlement negotiations) that may occur.
Conclusion: Talk to a Lawyer After a Nursing Home Slip and Fall
It’s frightening to hear someone has fallen in the nursing home, especially if no one seems to know what happened. Stay calm and be meticulous and deliberate with your reactions: Your loved one may need you to stand up for them.
You don’t need to do this alone: Law firms like Cohen, Feeley, Altemose & Rambo have over 50 years of experience in fighting for plaintiffs in fields like nursing home abuse and neglect. Schedule a free consultation to talk to our team today.
Sources:
Nursing Home Patients and Families | Pennsylvania Department of Health
Facts About Falls | Fall Prevention | Injury Center | CDC
Your Rights and Protections as a Nursing Home Resident | CMS
Your Rights and Protections as a Nursing Home Resident | CMS
Preventing falls and traumatic brain injuries in older adults | UCLA Health