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  • Writer's pictureKatherine Dvorak

Can I sue for a Nursing Home Fall?

Updated: Mar 28, 2023

When we put our loved ones in a nursing facility we expect that they are treated with care and dignity, but unfortunately, that isn't always the case.

Fall accidents are one of the leading causes of severe injuries — and fatalities — for older Americans. According to the most recent data from the National Council on Aging (NCOA), more than 800,000 senior citizens are hospitalized after a fall accident every year.

What is Considered a Fall in a Nursing Facility?

The Centers for Medicare & Medicaid Services (CMS) have an established definition of a “fall.”

The agency defines a fall as a “failure to maintain an appropriate lying, sitting, or standing position, resulting in an individual’s abrupt, undesired relocation to a lower level.” This includes when a resident loses balance, trips, slips, stumbles or falls for any reason at the facility.

What are Common Injuries From Nursing Home Falls?

Depending on the circumstances of a drop or fall in a nursing facility, the resulting injuries are often severe. These include, but are not limited to:

  • Hip and femur fractures requiring emergency surgery;

  • Broken arms, elbows, and other orthopedic injuries;

  • Closed-head and traumatic brain injuries, including brain bleeds;

  • Facial injuries, including damaged teeth and orbital fractures

  • Death from fatal falls

Can I Sue a Nursing Home?

A nursing home resident who suffers an injury due to a fall has legal rights.

Depending on the circumstances, a lawsuit can be filed against the nursing home and staff members responsible for the care and supervision of the injured resident.

Our nursing home attorneys will review the entire resident medical chart to determine if facility and staff are liable for the injuries suffered in the fall.

Common examples of nursing home negligence that can lead to serious fall accidents include:

  • Understaffing or inattentive staff;

  • Lack of adequate staff on fall prevention;

  • Dangerous conditions on the premises;

  • Failure to conduct adequate maintenance; and

  • Failure to put an effective fall prevention program in place.

What Can I or a Loved one Recover?

There is no “average” settlement or guideline to determine the amount of a nursing home settlement. Every case is different for both liability and injury issues.

Compensation is demanded for both economic and non-economic damages. Economic damages are for medical expenses related to the care, treatment, and rehabilitation of the resident after the fall. Non-economic damages are for the physical pain and suffering, disability, emotional trauma, and loss of enjoyment of life.

When a resident dies after a nursing home fall, the family members can file a wrongful death lawsuit. These lawsuits demand settlements for the pain and suffering of the resident before death, the loss of companionship by family members, and payment of medical bills and funeral expenses.

Nursing homes have a responsibility to protect all of their residents from fall hazards. Unfortunately, fall accidents still occur far too frequently at Michigan nursing homes.

You or your loved one may be eligible to recover damages for:

  • All medical bills;

  • Rehabilitative care and physical therapy;

  • Cost to relocate to another nursing home;

  • Pain and suffering;

  • Permanent disfigurement or physical impairments; and

  • Wrongful death.

If your loved one suffered a fall in a nursing home or healthcare facility, speak with Jefferson Law Center today. Our nursing home abuse attorneys will be able to help you navigate the complexities of a lawsuit.

Let our compassionate and experienced law firm help your family on your journey to justice. Live chat with our office now, or call us 586-270-4010. The consultation is free and we only get paid if we win your case. Get answers now. Speak with one of our qualified nursing home fall attorneys today.

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