Falls are a serious concern for older adults, particularly nursing home residents who may have mobility limitations, balance problems, cognitive impairments, or medical conditions that increase their risk of injury. While not every nursing home fall is preventable, some occur because a facility failed to take reasonable precautions to protect a resident.
At Riedmiller, Andersen & Scott, we represent individuals and families in Wichita and throughout Kansas when negligence causes serious injuries. When a nursing home resident suffers a fall, determining whether the facility may be liable requires examining what staff knew about the resident’s risks and what measures were taken to prevent a foreseeable accident.
Does Every Nursing Home Fall Mean the Facility Was Negligent?
No. A resident falling inside a Kansas nursing home does not automatically mean the facility is legally responsible.
Older adults can fall even when appropriate precautions are in place. The more important question is whether the nursing home provided reasonable care based on the resident’s known needs and risks.
For example, a resident may have a documented history of falls. Staff may know that the resident cannot safely walk without assistance. If the facility repeatedly allows that resident to move around without necessary supervision and the resident is injured in a fall, questions about negligence may arise.
Our Wichita premises liability attorneys represent people injured because of unsafe conditions and other forms of negligence. Nursing home falls can involve additional questions about the care, supervision, and assistance a facility provided to a vulnerable resident.
What Factors Can Increase a Nursing Home Resident’s Fall Risk?
Nursing homes care for residents with widely different physical and cognitive abilities. Some residents may walk independently, while others need assistance whenever they get out of bed or move between rooms.
Factors that can increase the likelihood of a fall include:
- Muscle weakness
- Balance problems
- Limited mobility
- Vision problems
- Cognitive impairment
- Dementia
- Previous falls
- Certain medications
- Dizziness
- Recent surgery
- Use of a walker or wheelchair
- Difficulty getting in and out of bed
A resident’s condition can also change over time.
Someone who could previously walk independently may require more assistance after an illness, hospitalization, medication change, or previous fall. Nursing home staff should pay attention to these changes and respond appropriately.
When Can Inadequate Supervision Lead to a Nursing Home Fall?
Some nursing home residents require assistance when walking, using the restroom, getting out of bed, or transferring between a bed and wheelchair.
If staff know that a resident requires assistance but fail to provide it, the resident may attempt the activity alone.
Consider a Wichita nursing home resident who has repeatedly been instructed not to leave bed without assistance. If the resident uses a call button but no one responds for an extended period, they may eventually try to get up alone.
If a fall results, an investigation may examine whether staff responded appropriately and whether the facility had adequate procedures for assisting the resident.
Staffing can become relevant in these situations. Even a well-designed fall prevention plan may accomplish little if employees are unavailable to provide the supervision and assistance it requires.
Can Unsafe Property Conditions Cause Nursing Home Falls?
Not every nursing home fall involves direct patient care. The physical condition of the facility can also contribute to an accident.
Potential hazards may include:
- Wet floors
- Loose rugs
- Cluttered walkways
- Uneven flooring
- Poor lighting
- Damaged handrails
- Obstructed hallways
- Improperly maintained bathrooms
- Unsafe stairs
- Equipment left in walking areas
These conditions may be particularly dangerous to elderly residents who already have difficulty with balance or mobility.
A condition that might be a minor inconvenience for a healthy adult can create a substantial risk for a nursing home resident who relies on a walker.
Kansas nursing homes should maintain resident areas with the abilities and limitations of the people using those spaces in mind.
What Is a Fall Risk Assessment?
Nursing homes commonly evaluate residents to identify factors that may increase their risk of falling.
The purpose is not merely to label someone as a fall risk. The information should help staff determine what precautions may be appropriate for that particular resident.
Depending on the resident’s condition, a care plan may address matters such as:
- Assistance with walking
- Help using the bathroom
- Transfers between beds and wheelchairs
- Placement of frequently used items
- Mobility devices
- Monitoring
- Medication concerns
- Appropriate footwear
- Environmental hazards
When a fall occurs, one important question may be whether the facility properly identified the resident’s risks and followed the resulting care plan.
What if the Resident Had Fallen Before?
A previous fall can be significant because it may put a nursing home on notice that the resident faces an increased risk of another accident.
After a fall, staff should evaluate what happened and whether additional precautions are necessary.
For example, did the resident fall while attempting to reach the bathroom without assistance? Did a mobility device contribute to the accident? Was the resident experiencing new weakness or confusion?
A facility should not simply treat repeated falls as inevitable without considering whether changes in care could reduce the risk.
When a Wichita nursing home resident experiences multiple falls under similar circumstances, the history of those incidents can become important when evaluating whether appropriate preventive measures were taken.
What Injuries Can Result From a Nursing Home Fall?
Falls can cause particularly serious injuries among older adults because age, osteoporosis, existing health conditions, and physical frailty may make recovery more difficult.
Potential injuries include:
- Hip fractures
- Wrist and arm fractures
- Head injuries
- Traumatic brain injuries
- Spinal injuries
- Shoulder injuries
- Cuts and bruising
- Internal injuries
A serious fall may lead to hospitalization, surgery, rehabilitation, and a significant loss of mobility.
The consequences can extend beyond the initial injury. A resident who was previously able to walk may become dependent on a wheelchair after a hip fracture, for example.
That is why families should take a significant nursing home fall seriously and ask questions about how it occurred.
What Evidence Can Help Determine Whether a Nursing Home Was Negligent?
Determining liability often requires more than knowing that a fall occurred.
An investigation may examine the resident’s medical history, prior falls, care plan, staffing, facility records, and circumstances surrounding the accident.
Potentially relevant evidence can include:
- Medical records
- Fall risk assessments
- Nursing notes
- Care plans
- Incident reports
- Records of previous falls
- Staffing records
- Witness statements
- Photographs
- Surveillance footage
- Medication records
Families should also document what they observe.
If you notice bruising, unsafe room conditions, broken equipment, or other concerns, photographs and written notes may help establish what was happening around the time of the accident.
What Should Families Do After a Nursing Home Fall?
Start by making sure your loved one receives appropriate medical attention.
Ask the nursing home for an explanation of what happened. Find out where the resident fell, whether anyone witnessed the accident, what the resident was doing immediately beforehand, and what steps the facility plans to take to prevent another fall.
Families may also want to ask whether the resident’s care plan will be reevaluated.
Keep copies of medical records, bills, photographs, correspondence with the nursing home, and other documentation related to the accident.
If the explanation does not make sense, the resident has suffered repeated falls, or you believe appropriate precautions were ignored, consider speaking with an attorney about whether further investigation is appropriate.
When May a Kansas Nursing Home Be Legally Responsible?
Liability ultimately depends on the circumstances surrounding the fall.
A nursing home negligence claim may involve evidence that the facility failed to provide reasonable care and that this failure caused or contributed to the resident’s injury.
Potential examples include failing to provide required supervision, ignoring a known fall risk, failing to follow a resident’s care plan, or allowing a dangerous condition to remain on the property.
Each case is different. A careful investigation can help distinguish an unavoidable accident from a preventable fall caused by negligence.
Contact Riedmiller, Andersen & Scott After a Nursing Home Fall
Families trust nursing homes to provide appropriate care for some of their most vulnerable loved ones. When a resident suffers a serious fall, families deserve to understand what happened and whether reasonable precautions could have prevented the injury.
If you are dealing with a nursing home fall or suspected negligence in Wichita or elsewhere in Kansas, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
