Nursing Home Falls
For many people, the purpose behind choosing to reside in a nursing home is to ensure that they will receive the care and supervision that they need. Whether it is assistance with daily tasks or with more intensive care, nursing homes have a duty to ensure that each resident is treated with the care, respect, and dignity that they deserve. Unfortunately, there are far too many reports of nursing home residents suffering serious and potentially fatal injuries as a result of a nursing home fall. And while a fall may not pose a serious threat to younger people, for an elderly victim, a fall can lead to broken bones and subsequent medical complications that have significant consequences. At The Grife Law Firm, our Boca Raton nursing home negligence attorneys are ready to help you seek the justice that you deserve.Bring a Legal Claim After Suffering a Nursing Home Fall
In many instances, nursing home falls are avoidable and would not have happened had the facility been providing appropriate care and supervision. According to Florida Statute 400.022, nursing homes are required to provide residents with a certain set of rights. Within this set of rights are basic aspects of care, such as ensuring that residents have the services that they need to maintain and preserve a certain minimum level of health and well-being. As part of this duty, nursing home staff must provide assistance to residents who are unable to walk, dress, eat, or bathe without help. If a nursing home facility is aware that a resident needs assistance with these activities but fails to provide it, the nursing home has violated these statutory rights and acted negligently.
Also, there are many instances in which a nursing home resident cannot be left unsupervised for lengthy periods of time. The resident may have dementia, Alzheimer’s, or some other condition that requires frequent monitoring and assistance to make sure that the resident has not fallen or suffered some other type of injury. If the nursing home knows or has reason to know that a resident requires frequent supervision but fails to provide the appropriate level of supervision, the nursing home can be held liable for any injuries that result to the resident because of the failure to monitor them. Some common examples of injuries that can result if a resident does not receive adequate supervision and suffers a fall include drowning, head injuries, broken bones, spinal cord injuries, burns, and blood loss.
If you are a nursing home resident who has sustained injuries after suffering a fall that could have been avoided if the nursing home facility had been exercising the appropriate care, you may be entitled to compensation. Florida Statute 400.023 allows nursing home residents to bring a civil action against a nursing home when their rights are violated. In the unfortunate event that a resident loses their life as a result of a nursing home’s careless or reckless conduct, the statute also allows surviving family members to bring a wrongful death claim to seek compensation for the loss of their loved one, as well as compensation for funeral expenses. According to the statute, the injured resident or their surviving family members must prove that the nursing home owed a duty of care to the resident, that the facility failed to act according to this duty, and that this failure was the direct cause of the fall that the resident suffered.Discuss Your Nursing Home Negligence Case with a Boca Raton Lawyer
Incidents involving elder abuse or neglect are stressful and painful for the victim and their family. At The Grife Law Firm, our Boca Raton attorneys have assisted clients throughout South Florida, including in West Palm Beach, Fort Lauderdale, and Miami. Our seasoned team of legal professionals knows what it takes to gather evidence, negotiate with insurance companies, and ensure that your rights are vigorously asserted throughout the legal process. To schedule your free consultation, call us now at 1-855-998-0770 or contact us online to get started. We also can assist you if you need a bed sore attorney or representation in other claims arising from nursing home negligence.