You may have read or heard about the right to fall in a nursing home. While some elder care facilities may cite it, that doesn’t give them a free pass regarding fall prevention.
According to CDC estimates, most injuries in people 65 or older stem from falls. Some falls don’t cause injury. However, others can leave elders with loss of mobility, chronic pain, or physical disabilities. Fall injuries may also be fatal, with a death rate of 78 per 100,000 for Americans over 65. It is, therefore, imperative to know what the “right to fall” really means and how nursing homes must balance residents’ autonomy with safety.
Do Nursing Home Patients Have the Right to Fall?
Elderly nursing home residents may have mobility, cognitive, or balance problems that increase their fall risk. “Right to fall” generally refers to the idea that these people should keep as much independence as possible, even when this involves physical risks. Some nursing homes say that the “right to fall in a nursing home” is engrained in state law, but they ultimately misrepresent what Illinois statutes actually say.
It’s true that nursing homes can and should protect their residents’ autonomy. In fact, the Illinois Nursing Home Care Act (NHCA) gives residents the right to keep their autonomy as much as possible. They are free from unreasonable restraints and can refuse mobility assistance, so long as they understand the potential consequences of falling.
However, the NHCA also requires nursing homes to follow the same standards as any other healthcare facility. This includes fall risk assessment and prevention guidelines from the Centers for Medicare and Medicaid Services (CMS.) If a nursing home loses its Medicare and Medicaid certification, the Illinois Department of Public Health could also suspend or revoke its license.
When Falls Cross the Line into Negligence
Many nursing home falls get dismissed as accidents or an inevitable part of aging. However, some of them stem from a nursing home’s carelessness. These are some of the ways that a nursing home can act negligently and contribute to falling accidents:
- Not assessing for fall risk – Fall prevention is a fundamental part of every individual care plan. Each resident should be assessed for fall risk upon admission to the nursing home and re-assessed regularly throughout their stay.
- Not implementing fall prevention measures – Environmental features to prevent falls may include accessible walkers and wheelchairs, non-slip flooring and mats, handrails, lifts, bedside commodes, or grab bars, depending on the resident’s individual risk and needs.
- Not keeping adequate staff – Nursing homes should have enough caregivers per shift to efficiently supervise each resident and respond to calls for help.
- Not training staff – Staff should know how to recognize and assess fall risk, regularly check in with residents, and actively prevent falls.
- Not documenting incidents – Nursing homes must keep detailed records of fall risk assessments, incidents, and interventions.
- Not rendering medical attention – Staff must act quickly to assess and treat a resident who has fallen. A delay could worsen their condition or eventual outcome.
If your loved one has a fall injury caused by nursing home negligence, you can bring a legal claim against the facility for medical bills, rehabilitation costs, and emotional distress. Generally speaking, you must prove these four key facts, or “elements,” to succeed:
- Duty of care: All nursing homes have a duty of care to protect their residents from falls.
- Breached duty: The nursing home violated its duty of care by not implementing measures that would have prevented your loved one’s fall.
- Causation: The negligent acts directly caused your loved one’s fall.
- Damages: Your loved one suffered physical, financial, and/or emotional harm from the fall.
Signs a Nursing Home Fall May Involve Negligence
Next to the residents themselves, their family caregivers are the strongest advocates for fall safety. You should watch closely for any of these signs that may indicate negligent nursing home care:
- Bruising or injuries the resident can’t explain
- Changes in the resident’s behavior or mobility with no documented cause
- Incident reports that aren’t consistent or complete
- Lack of proper bed rails, grab bars, and other safety equipment
- Inadequate staffing, especially during nights and weekends
- Poor lighting or cluttered hallways and common spaces
- Routinely delayed response to call lights and audible calls for help
- Visible pattern of similar fall incidents
What to Do if a Loved One Falls in a Nursing Home
If your loved one falls in a nursing home, take these steps to protect their safety and legal rights:
- Seek medical attention: Your top priority is ensuring the resident receives proper medical treatment.
- Document the incident: Write down as much information as possible about the fall, including the location, time, and any witnesses. If you weren’t present when the fall happened, document what you see and notice in the aftermath. Include photos of visible injuries and the room where the fall happened, and record medical treatment rendered afterward.
- Report the fall to management: Report the fall to the nursing home’s administration and ask for a formal investigation. Document the staff’s response, along with how they explain any discrepancies.
- File an IDPH complaint: If you believe caregiver negligence caused the fall, file a complaint with the Illinois Department of Public Health.
- Hire a legal team: A lawyer can represent your loved one’s interests and gather evidence to support a potential nursing home abuse claim.
Contact a Chicago Nursing Home Negligence Attorney
Not every nursing home fall warrants legal action. However, if you have unresolved concerns about a loved one’s fall in a care facility, you deserve an advocate who can defend their rights and thoroughly investigate what happened.
Since 1970, the Chicago nursing home abuse attorney of Karlin, Fleisher & Falkenberg, LLC have recovered over $400 million for clients throughout Chicagoland. We take a compassionate approach to each case and firmly believe you and your family should not have to pay for your loved one’s fall if it wasn’t their fault. Call our office at 312-346-8620 or contact us online for a free, no-obligation case review.
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