There are approximately 1.6 million older adults living in nursing homes, and 50% of them fall at least once per year. About 33% of those who fall once will end up doing so again over the course of the year.
These falls can have significant consequences for seniors, including:
- Developing a fear of falling that causes an older person to reduce their activity
- Fracturing bones in a way that is difficult to recover from
- Incurring a traumatic brain injury or a similar serious injury
- Developing an increased risk of death due to serious injury
If your loved one has recently fallen in a nursing home, you may be worried for their well-being. You may also wonder whether you can hold the nursing home facility responsible. Fortunately, there may be legal options, but it’s important to act fast. Here are several steps you should consider if you are in this situation.
Ensure Immediate Medical Attention
Before worrying about pursuing a legal case, report the incident and seek immediate medical care for your loved one.
The nursing home staff should assess the patient right away to determine the extent of their injuries and call emergency services if they require more extensive treatment than the facility is equipped to provide. However, this isn’t always what happens.
There are dozens of nursing homes in the Las Vegas area, and it’s possible some are understaffed. This means care staff can’t always tend to patients right away. Additionally, the staff may be poorly trained and may not understand proper fall procedures. In these cases, you may need to seek medical help independently outside of the facility.
Document and Report At Every Stage
Once you have called for medical attention, it’s time to begin collecting documentation about the experience, including any possible evidence of nursing home abuse or neglect.
It’s critical to make note of the following:
- The circumstances that led to the fall
- The condition of the room at the time of the fall
- The report or alert that was given to the nursing home
- The incident reports from prior falls (if applicable)
- The description of your loved one’s injuries or symptoms
- The nursing home’s response to the incident report
- The medical care your loved one received after the fall
As you document at each stage of the journey, take clear pictures of the scene of the fall as well as any injuries your loved one has. If there are any witnesses, ask them to provide their contact information.
Finally, document all medical care your loved one receives, including doctor’s notes on their condition, medical testing results, and prescribed medications and treatments. Your attorney will later use this information to build a solid case.
Get Help From an Experienced Personal Injury Attorney
One in six people above the age of 60 has experienced abuse or neglect in a community setting in the past year. Nursing homes have a responsibility to ensure patients’ safety. To have a successful outcome in your case, you’ll have to prove that they neglected to do this. You’ll also have to prove that the damages your loved one suffered were a direct result of that negligence.
For the layperson who is not familiar with nursing home or premises liability laws, this is no easy feat. The nursing home may argue that staffing and training are adequate and that it followed protocol for incident responses.
An attorney will know what evidence to request and present to prove otherwise, such as past inspection documents, witness statements, photographs, and medical records.
If you’ve been injured in Las Vegas, NV, and need legal help contact our Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today.
We have three locations in Nevada for your convenience, including Las Vegas, Summerlin, and Henderson. We’re proud to serve Clark County and the surrounding areas.
De Castroverde Accident & Injury Lawyers – Las Vegas Office
1149 S Maryland Pkwy, Las Vegas, NV 89104
(702) 222-9999
De Castroverde Accident & Injury Lawyers – Summerlin Office
410 S Rampart Blvd, Ste 480 Las Vegas, NV 89145
(702) 964-1806
De Castroverde Accident & Injury Lawyers – Henderson Office
9555 S Eastern Ave, Las Vegas, NV 89123
(702) 800-3455
About the Author
Alex De Castroverde earned his law degree from Nova Southeastern University Shepard Broad College of Law and is licensed to practice in Nevada. He is a dedicated trial lawyer who assists clients across Las Vegas in a wide range of legal matters, with a focus on personal injury. Alex has successfully represented clients in cases involving car accidents, catastrophic injuries, truck accidents, motorcycle accidents and more. Click here to learn more about the outstanding case results Alex has achieved for his clients.
