Falls in Nursing Homes
People trust nursing homes with the care of elderly family members due to the belief that the nursing home will maintain a safe environment. All too frequently, however, nursing homes fall short of their obligation to provide sufficient care and supervision, and nursing home residents fall and suffer grave injuries. If your loved one suffered injuries due to a fall in a nursing home, it is advisable to engage an experienced Cape Cod nursing home negligence lawyer to assist you in your pursuit of damages. Collectively, the attorneys of the Law Offices of John C. Manoog, III, have more than 150 years of experience representing injured victims. We can assertively advocate on behalf of you and your loved one to help you seek any compensation you may be owed. We have recovered several verdicts and settlements in the millions on behalf of our clients.Causes of Falls in Nursing Homes
Falls in nursing homes can result in broken bones, head injuries, and in some cases, death. Additionally, injuries sustained in a nursing home fall can result in permanent disability, depression, and cognitive and functional decline. Falls in nursing homes are often caused by inadequate fall prevention measures such as the use of assistive walking devices, bed railings, or assisting a resident with transfers or walking.
Additionally, many nursing homes lack sufficient staff members to monitor and assist the residents, leaving residents unattended during times when they need assistance, which results in falls. Falls can also be caused when the nursing home staff fails to take into account the effect medication or a chronic health condition may have on a resident's balance and ability to walk, and does not recognize the need for fall prevention. In some cases, a fall will be caused by liquid or debris the nursing home permitted to remain on the floor.A Nursing Home’s Liability Following a Fall
Nursing homes must adhere to the standard of care imposed by both state and federal law in meeting the needs of their residents. Nursing homes are specifically required to provide safe environments and adequate supervision and assistance to prevent accidents. When a person falls due to a nursing home's negligent failure to comply with the standard of care, the nursing home should be held liable for any harm caused by the fall. In Massachusetts, a person seeking compensation from a nursing home for injuries caused by negligence must establish that the nursing home owed the person a duty, and the duty was breached by the nursing home’s failure to conform to the applicable standard of care.
Even if a breach is established, however, the plaintiff cannot recover damages unless he or she shows the breach caused the harm alleged. To prove a nursing home's breach of the standard of care caused a resident's fall, the plaintiff must prove that the breach was a substantial factor in bringing about the fall and that the fall would not have occurred absent the breach. Lastly, the plaintiff must prove that the fall caused measurable damages. In most cases arising out of a nursing home fall, the damages will include the cost of any medical treatment for injuries sustained in the fall and the pain and suffering endured by the resident who fell. In many nursing home cases, it will be necessary to engage an expert to offer an opinion regarding the nursing home’s failure to adhere to the standard of care, and an expert to testify as to the harm caused by the fall.
Lawsuits against nursing homes can be complicated. If your loved one suffered injuries due to a nursing home fall, it is wise to retain an attorney proficient in handling nursing home negligence cases to assist you in your pursuit of damages.Meet with a Nursing Home Negligence Lawyer in Cape Cod
Nursing homes are required to provide a safe environment for all residents, and when someone falls due to a nursing home's negligent failure to ensure a resident's safety, the nursing home should be held accountable. The attorneys of the Law Offices of John C. Manoog, III, have the knowledge and skill needed to help you navigate the complexities of a nursing home negligence case arising from a fall, weight loss, malnutrition, or other causes. We will work diligently to help you seek any damages you or your loved one may be owed. Our vigorous representation has enabled us to recover numerous verdicts over one million dollars for our clients. We represent parties in Cape Cod and are available for consultations in Plymouth and Hyannis. We can be reached at 888.262.6664 or through the online form to schedule a meeting to discuss your case. Nós Falamos Português.