My dad fell in a nursing home and was seriously injured. Might he have a case?
That largely will depend on whether the fall was an unavoidable, isolated incident, or instead was the result of a failure of the nursing home to comply with legally required levels of care. If the fall is the result of a long term pattern of substandard care, it could give rise to a significant claim. All nursing homes have the obligation to properly assess the health and needs of each resident and to implement and follow a care plan. They prepare a “minimum data set” on entry, and develop a care plan which should, among other things, prevent likely falls. The plan may involve use of safety devices, such as bed alarms, to show if a resident needing assistance is trying to get out of bed without help, and a toileting program, etc. In addition the nursing home has to be adequately staffed. Failure to regularly reassess the needs of the resident and modify the care plan or to adhere to the processes a care plan should prescribe, is negligence and the basis for a suit. In addition, the nu
That largely will depend on whether the fall was an unavoidable, isolated incident, or was the result of a failure of the nursing home to comply with legally required levels of care. If the fall is the result of a long-term pattern of substandard care, it could give rise to a significant claim. All nursing homes have the obligation to properly assess the health and needs of each resident and to implement and follow a care plan. They prepare a “minimum data set” when the patient enters the facility and develop a care plan, which should, among other things, prevent likely falls. The plan may involve the use of safety devices, such as bed alarms, to show if a resident needing assistance is trying to get out of bed without help, and a toileting program, etc. In addition, the nursing home has to be adequately staffed. Failure to regularly reassess the needs of the resident and modify the care plan or to adhere to the processes a care plan should prescribe, is negligence and the basis for a
