Nursing Home Falls Lawsuit
When exploring legal options after a loved one’s fall in a California nursing home, having the right representation is crucial. Our skilled nursing home abuse lawyers at Cutter Law help victims and their families understand their rights and the best path forward. With a dedicated team and a track record of success, Cutter Law is your go-to firm for guidance, compassionate support, and an unwavering commitment to justice.
If a loved one falls while residing in a nursing home, their injuries may be severe. Unfortunately, these incidents are common and could be the result of negligence by the staff.Â
The best way to address a nursing home fall is to contact the nursing home abuse attorneys at Cutter Law in California. Our legal team will explain your options and help you seek justice and compensation from the negligent party. With experience in nursing home fall lawsuits, our firm is here to fight for you and your loved one every step of the way.
Can You Sue After a Fall in a Nursing Home?
Under California law, nursing homes owe a duty of care to their residents. Families and victims have the legal right to pursue compensation when this duty is breached through negligence or intentional misconduct, resulting in a fall causing injury.Â
Specifically, the state mandates that nursing facilities maintain a safe environment and provide adequate supervision. Any failure, be it a lack of proper equipment, insufficient staff training, or environmental hazards, can be grounds for a lawsuit.Â
If your loved one has suffered from a fall in a nursing home, you should explore your legal options. Doing this will hold the responsible parties accountable and help prevent similar incidents.
At Cutter Law, we offer accident victims and their families free case reviews. We look at the evidence and other factors leading to the fall to determine if you have a viable claim. The first step is to call our office to begin the process.Â
Common Causes of Nursing Home Falls Due to Negligence
Negligence in nursing homes is alarmingly common and can lead to preventable falls. According to the World Health Organization, in the past year, two out of every three nursing home staff members admitted to committing some type of abuse of residents.
Knowing the underlying causes can help you identify when a fall isn’t just an unfortunate accident.
Negligent Actions by the Nursing Home
Nursing homes must provide reasonable care to their residents, but sometimes, they fall short. Negligent actions include the following:
- Improper staff training:Â Properly trained staff are essential in ensuring the safety of nursing home residents. Without appropriate training, staff may be ill-equipped to assist residents, handle emergencies, or perform daily care routines safely, increasing the risk of accidents and falls.
- Insufficient staffing: Understaffing in nursing homes can lead to substandard care and a lack of attention to residents’ mobility needs. Insufficient staffing levels can result in limited assistance with walking, getting in and out of bed, etc., leading to a higher risk of falls.Â
- Ignoring the needs or conditions of residents:Â Each resident in a nursing home has unique needs based on their health condition and physical abilities. Ignoring these can result in inappropriate care, such as giving them footwear that doesn’t support their condition or placing them in areas not suited to their mobility level, leading to falls.
- Lack of supervision: Continuous and vigilant supervision is vital, especially for residents with mobility issues or cognitive impairments. When staff members aren’t attentive or are spread too thin, residents may try to move independently or engage in activities that pose fall risks, resulting in potential harm.
- Monitoring system failure:Â Many nursing homes use monitoring systems to alert staff when residents leave their beds or enter areas where they might be at risk. A malfunction or failure in these systems can leave residents unattended and vulnerable, increasing the likelihood of unsupervised falls.
While the causes above are common, there are other reasons a nursing home fall may occur, including a failure to maintain safe premises:
- Slippery floors due to spills or cleaning:Â Spills or wet floors left after cleaning without proper signage can create slick surfaces. Such slippery conditions can be treacherous for residents, especially those with mobility issues, making them highly susceptible to falls and injuries.
- Poor lighting in rooms or corridors:Â Dimly lit corridors and rooms can obscure obstacles or hazards, making it difficult for residents to navigate safely. Poor lighting conditions can result in missteps, trips, and subsequent falls, especially for those with vision impairments.
- Inadequately maintained or missing handrails: Handrails serve as vital support systems, especially in areas such as staircases, ramps, or long corridors. When these handrails are poorly maintained, unstable, or entirely absent, residents lack the necessary support to move confidently. This deficiency can lead to loss of balance and dangerous falls, particularly for residents who rely heavily on such mobility aids.
Steps to Take When a Family Member is Injured Due to a Nursing Home Fall
If your loved one suffers a serious injury from a fall in a nursing home, taking the proper steps to protect them and your right to seek justice is essential.Â
- Seek immediate medical attention: Prioritize the health of your loved one and seek medical care.
- Document everything: Take pictures, note witness details, and gather all relevant records.
- Notify the nursing home management: Make them aware of the incident and your concerns.
- Contact our legal team at Cutter Law: We’ll discuss your legal options. Remember, there is typically a time limit of two years to file an elder abuse claim under Section 335.1 of California’s Code of Civil Procedure.
The more documentation and evidence you can acquire, the better. Our legal team will use the evidence to build a case and help you seek justice.Â
Who Is Liable for Nursing Home Falls?
The liability for a fall often rests with the nursing home, but determining this requires understanding the nuances of the situation. Some potentially liable parties are:
The Nursing Home Facility
According to the law, nursing homes must provide residents with a safe and secure environment. This encompasses everything from ensuring the structural soundness of the building to enforcing safety protocols.Â
The facility can be liable if a nursing home doesn’t uphold these standards, resulting in an unsafe environment leading to falls or injuries. This responsibility means that any systemic failures, lapses in safety protocols, or negligence can be attributed to the institution.
Staff Members
Individual staff members also have duties to the residents they care for. Direct negligence refers to instances in which a staff member’s actions or lack thereof directly harm a resident.Â
Examples might be a caregiver failing to secure a resident safely in a wheelchair or a nurse administering a medication that affects a resident’s balance without proper supervision. In such cases, the staff member may be held individually liable for their negligence.
Manufacturers or Suppliers of Faulty Products or Equipment
Nursing homes rely on various equipment and products to care for their residents, from mobility aids to monitoring systems. If a resident falls or is injured due to faulty equipment or a defective product, the manufacturer or supplier of that item might be held accountable.Â
This liability stems from the expectation that products and equipment used in such care settings meet a standard that provides for the safety and well-being of residents. If they fail in this duty, resulting in harm, they can be subject to legal consequences.
At Cutter Law, we are dedicated to helping victims and their families determine the liable party. We will also work to pursue the compensation you deserve for the injuries sustained.Â
Potential Damages You Can Recover from a Nursing Home Claim
Victims of nursing home falls due to negligence can potentially recover the following damages:
- Medical bills
- Pain and suffering
- Rehabilitation costs
- Compensation for permanent disabilities or disfigurement
- Wrongful death damages in tragic cases
Each case is unique, and our legal team will work to assess the evidence and situation to determine what compensation you may be entitled to. You can feel confident that we will work tirelessly to help you seek the maximum compensation possible.Â
Who Can File a Nursing Home Fall Lawsuit?
Typically, the injured resident can file a lawsuit. However, if they are incapacitated or have passed away due to their injuries, their legal representative or close family members might have the right to sue on their behalf. We can help you determine who is eligible to file a civil lawsuit on behalf of the injured party and guide you through the legal process.Â
How Can Cutter Law Help?
Cutter Law is a fierce advocate for those injured in nursing home falls caused by neglect. With Cutter Law, you get:
- Experience: We have decades of experience handling similar cases.
- Commitment: We are a dedicated team that fights for the justice your loved one deserves.
- Guidance: From explaining your options to navigating complex legal proceedings, Cutter Law is by your side.
We have helped many families recover compensation and receive justice after a nursing home fall caused by negligence.Â
SETTLEMENT
$485,000
NURSING HOME ABUSE
Attorneys Brooks and Margot Cutter obtained a $485,000 settlement for elder abuse in a skilled nursing facility.
SETTLEMENT
$914,506.51
NURSING HOME ABUSE
Attorneys Brooks and Margot Cutter obtained a policy limits settlement of $914,506.51 for abuse of a dependent adult at a residential care facility.
Cutter Law Is Your Partner in Nursing Home Fall Cases
Nursing home falls can be traumatic physically and emotionally. Understanding your rights and options is the first step to ensuring justice. With Cutter Law in California, you’re never alone on this journey.Â
Contact Cutter Law today for expert guidance and representation if you’re considering pursuing a nursing home fall lawsuit.
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Cutter Law P.C.
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Oakland, CA 94612