Nursing Home Fracture Injury Attorneys in West Palm Beach, FL Fighting Nursing Home Negligence in Palm Beach County and Throughout Florida
When an elderly loved one falls and gets injured, you have grounds to file a negligence lawsuit against their nursing home. That’s because such facilities are required by law to implement fall prevention measures and programs. Work with West Palm Beach nursing home fall injury lawyers with experience in the field to determine if you have a strong negligence claim.
You may be surprised to learn that seniors in nursing homes fall twice as often as those living independently. In 2021, 3,805 seniors aged 65+ died due to falls in Florida.
Our elderly loved ones are meant to receive special care and attention in nursing home facilities, including fall protection, as required by State and Federal laws. No matter what nursing home staff say, falls are unacceptable in any nursing facility. Talk to nursing home fracture injury attorneys in West Palm Beach, FL, for help with your case today.
When Should You Sue Nursing Homes for Fall Injury?
Nursing homes must provide a certain standard of care defined by what any reasonable facility should provide in similar circumstances. This standard is dictated by a qualified healthcare professional based on case-specific considerations.
If a nursing home’s care standards fall below this yardstick and causes a fall injury to a resident, there’s legal justification for the resident or their loved ones to sue the nursing home for negligence.
The federal government also has special guidelines for all nursing homes certified by Medicare or Medicaid to assess all residents for functional capabilities, among other conditions. Patients with a high risk of falling must be provided with fall prevention plans and measures, without which they’re in considerable danger.
What Causes Falls in Nursing Homes?
Nursing home residents can fall due to unavoidable reasons such as physical weakness, chronic illness, or medication side effects. However, most falls occur due to manageable environmental factors, such as:
- Uneven floors and wet sections
- Tripping hazards, such as cables and clutter
- Wrong type of footwear
- Inappropriate furniture, such as tall beds
- Poor organization and storage
- Poor lighting
Falls and fractures can be prevented if nursing homes implement the correct safety policies and culture. Fall prevention programs are designed to help assess facilities, identify risk factors, and implement measures to prevent falls, especially for residents with the highest fall risk.
If nursing homes ignore safety and fall prevention rules, this can result in higher fall risks. Usually, this is the fault of the companies operating the facility, leaving nursing homes severely understaffed and poorly equipped. Our West Palm Beach nursing home fall injury lawyers help you find out why your loved one fell and determine if negligence was involved.
Nursing Home Fracture Injury Attorneys in West Palm Beach, FL Helping You Sue for Falls in Palm Beach County and Throughout Florida
You can sue nursing homes for fall injuries if the facility fails to maintain the required level of safety and care for residents. Your lawyer will work with an expert on elderly care to determine if the nursing home caused the fall through negligence.
For example, examining the facility’s policies and practices will reveal if the fall was foreseeable and preventable, thus proving whether negligence was involved. Examples of negligence may include:
- Failure to assess a patient’s fall risk and act accordingly
- Hiring incompetent staff
- Failure to replace worn-out carpeting
- Failure to repair or replace faulty furniture
- Lack of supervision and assistive devices to help residents move around
- Removing any tripping hazards, such as cables and clutter
- Unsafe construction, such as sudden unmarked changes in floor surfaces
If your loved one fell and was injured or died due to negligence, our West Palm Beach fall injury lawyers will help you fight for justice. You may also be entitled to recover compensation for damages such as medical expenses, cost of therapy, and lost income.
Proving Negligence in a Nursing Home Fall Lawsuit
Nursing home fall lawsuits are similar to slip and fall cases, as both fall under personal injury laws. Proving a nursing home fall injury lawsuit requires you to prove that the facility owed your loved one a duty of care, breached that duty, and caused a fall injury that caused damages.
After your loved one has suffered a fall, the first thing to do is get them the treatment and help they need. Make sure the incident was reported to the management and ask for a fall report.
Your lawyer will use the report to help determine what happened. They will also investigate the incident and collect evidence such as medical reports, doctor’s notes, CCTV footage, and witness statements, using that evidence to prove the facility was responsible for the fall.
Nursing Home Fracture Injury Attorneys in West Palm Beach, FL Representing Fall Victims in Palm Beach County and Throughout Florida
Falling can cause severe injuries in elderly people, including broken bones or even death. Suing the facility for negligence not only helps you win compensation but also brings about changes in the facility so other residents don’t have to suffer the same fate.
Working with nursing home fracture injury attorneys in West Palm Beach, FL, is the surest way to maximize your chances of winning your lawsuit. At Domnick, Cunningham, & Yaffa, we’re highly experienced and dedicated attorneys fighting for victims of nursing home falls and fractures.
Talk to us today for your free, no-obligation consultation to get started with your search for justice and compensation.