What to Do When There is a Fall in the Nursing Home?
Thousands of San Diegans wrestle with this question. Almost two-thirds of long-term care residents fall every year. In many cases, an earlier fall prompted the nursing home admission. Repeat fall physical and emotional injuries are much worse than initial fall physical and emotional injuries, which is saying a lot.
Most older people never entirely recover, physically or emotionally, from a fall. So, a subsequent fall may be physically disabling, not just physically restricting. Additionally, many subsequent victims withdraw from friends and family to avoid a repeat fall. Because of this combination of physical and mental isolation, most subsequent fall victims can’t live independently.
Because of these serious injuries, the most important thing to do when there is a fall in a nursing home is to contact a Carlsbad slip and fall lawyer. A lawyer cannot turn back the clock and change what happened. No one can do that. But a lawyer can obtain financial compensation that helps these victims, and their families, move forward.
Understand the Situation
Premises liability, the area of law that applies to falls, dog bites, swimming pool drownings, and other “premises” injuries, is very complex in California. The bottom line is that, in most cases, nursing home owners have a twofold duty of care. They must ensure their facilities are reasonably safe, and frequently inspect them to ensure continued reasonable safety.
“Reasonable” is one of those lawyer words that means different things in different contexts, understanding the need for an Oceanside personal injury lawyer. However, we can cover the basics in this blog.
Usually, negligent nursing home owners are responsible for damages. In this context, negligence could be a:
- Wet spill on a floor,
- Unattended construction zone,
- Cracked sidewalk,
- Loose handrail, or
- Poor lighting.
Negligence is usually easier to prove in these cases. Elopement is a common elderly trait. These individuals wander aimlessly. They could easily wander past a “Keep Out” sign and into a dangerous part of the nursing home. Additionally, most elderly people shuffle their feet when they walk. So, when they stumble, they cannot recover their balance, and they fall.
Call an Oceanside Personal Injury Lawyer
If the scenario described above could apply in your case, a lawyer should at least evaluate the situation. Because these claims are so complex, a lawyer needs three key qualifications.
Experience may be the most important quality. A nursing home fall matter shouldn’t be a training tool for an inexperienced lawyer. However, experience alone is inadequate. A losing basketball team that returns all five starters is an experienced losing team.
Dedication and accessibility are almost as important. Only a dedicated personal injury lawyer should handle these cases. When you have a toothache, you see a dentist, not a general practice doctor. Furthermore, many nursing home fall victims have severe mobility issues. The lawyer’s office shouldn’t be on the other side of town.
Count on a Detail-Oriented San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.
Source:
nfsi.org/nfsi-research/quick-facts/
