3 FAQs About Nursing Home Hip and Femur Fracture Lawsuits
Because strength, flexibility, and mobility decline with age, falls are relatively common in nursing homes. But some of the most serious fall injuries can be avoided if nursing home staff provide adequate care.
According to Reuters, nearly 10 percent of hip fractures in the United States occur among nursing home residents, the vast majority of which are caused by falls. Of those residents who fracture a hip, more than one-third die within six months while many others suffer some level of permanent disability.
If you or a member of your family is recovering from a hip and/or femur fracture caused by a fall at a nursing home, the facility may be liable for all resulting medical bills, pain and suffering, and other damages. Read on to learn the answers to a few FAQs about these claims:
1. When Might a Nursing Home Be Liable for a Hip or Femur Fracture?
Nursing homes owe a duty of care to every resident. As part of this duty, they must evaluate each patient’s fall risk and take reasonable steps to prevent injury. A breach of this duty of care would constitute negligence. In the state of New York, nursing homes can be held liable for any damages caused by their negligence or the negligence of their employees.
For example, many nursing home residents need safety rails on their bed or access to a walker. If the staff failed to provide such essential mobility aids, the nursing home may be held liable for any injuries or death that results.
2. What Damages Can My Family Pursue by Filing a Nursing Home Negligence Claim?
Depending on the circumstances, a successful nursing home negligence claim may yield compensation for the following damages:
- Past and future medical bills;
- Other objectively verifiable expenses that arise as a result of the fracture;
- Mental anguish;
- Pain and suffering;
- Loss of enjoyment in life; and
- Physical impairment and disfigurement.
If the liable party’s actions were especially egregious, punitive damages may also be recoverable. And if the victim’s spouse suffered a loss of love, companionship, or affection as a result of the injuries, he or she may have grounds for a loss of consortium claim.
3. What Should I Do If My Elderly Loved One Fell at a Nursing Home?
What you do immediately following the accident could have a major impact on the outcome of the claim. Below are a few essential steps to take if you suspect that your loved one was injured due to nursing home negligence or abuse:
- Ensure your loved one receives adequate medical care for the fracture;
- Photograph any visible wounds;
- Gather all relevant medical records; and
- Seek legal counsel right away.
Speak with a New York Nursing Home Negligence Attorney Today
If you think your family has grounds for a personal injury claim against a long-term care facility, contact LoTempio P.C. Law Group to determine the most strategic way to proceed. Our attorneys have more than 200 years of experience in legal practice. Call 716-855-3761 or use our Online Contact Form to set up a free case evaluation with a nursing home negligence lawyer in New York.