How to Deal Nursing Home Negligence?

nursing home abuse

An average nursing home or "skilled nursing facility" with 100 beds will report 100 to 200 falls each year, with many more falls unreported. In fact, it is projected that in nursing homes between half and three-quarters of residents collapse each year.

Falling of risk is a common reason that an elderly person (and his or her family members) may choose an assisted living facility option. It is, therefore, fair for residents and families to expect the facility and its staff to predict and prepare for this risk and reduce the probability of fall-related injuries. When a fall happens, it does not automatically mean that the facility or one of its workers has been at fault from a legal point of view, but these accidents can rise to the level of neglect or violence. Therefore, you must contact nursing home neglect attorneys in Oklahoma City.

Assessment of Risk and Falling

All skilled nursing facilities have a legal obligation to properly assess that resident's health and needs at admission, and to develop and implement a customized care plan that adequately protects the resident's health and safety.

A resident's care plan must have a full assessment of factors that could cause or lead to drops. Muscle weakness, changes in bone density and degradation of the bone, decreased visual acuity and other physical conditions can make movement more difficult, of course. For those residents who were at risk of falling, facilities must establish and implement a care plan outlined with drop prevention measures, the most important of which involves staff reliable, compassionate and attentive treatment.

Liability of a Nursing Home

It is important to note that not every drop can be avoided in the environment of the "skilled nursing facility," and not every resident injury case can result in a successful personal injury lawsuit. But if the care facility or one of its staff has behaved negligently or has failed to take appropriate steps to prevent a fall, this may result in liability. This is a wide concept, look at some particular examples. If any of the following happens in the environment of the nursing facility and a patient ends up sustaining a fall-related injury as a result, a good case of liability is likely to exist:

  • Non-regular re-evaluation and adjustment of the resident care plan.

  • Lack of care in keeping with the care plan of the patient.

  • Use of unsuitable treatment methods (for example, moving the resident wheelchair to bed).

  • Recruitment of unqualified workers and inadequate education.

  • Understaffing, in particular as it prevents safe and adequate care being provided.

  • Non-compliance with the facility protocol (for example, care alarms or resident access to call buttons).

  • Non-compliance with environmental hazards in the unit or in public areas, including wet floors, insufficient lighting and faulty floors.

While there may be some falls, most shouldn't. If someone you love has slipped into a recovery or nursing home, call Martin and Fielding’s nursing home neglect attorneys in Oklahoma City. We have successfully settled and prosecuted thousands of cases across Oklahoma and the state of Illinois targeting nursing homes.

**Disclaimer: This message creates no client-attorney relationship, nor is intended as expert legal advice.