Nursing Home Fall Lawsuits: Who May Be Liable?
Falls are the leading cause of serious injury among senior citizens. While it’s natural for balance, strength, and coordination to decline with age, there are many circumstances when a fall accident is caused by the negligence of a caregiver or another party.
Nursing homes have a duty to take reasonable measures to prevent residents from falling and suffering injuries. This may involve providing mobility aids, stability bars, non-slip shower mats, and other essential equipment.
If your elderly loved one is recovering from a serious injury after falling at his or her long-term care facility, your family may be entitled to compensation for the resulting damages. To give your claim the best possible chance of success, you will need strong evidence of liability.
Determining liability in these cases often requires a thorough investigation. Because much of the evidence needed to prove fault might be time sensitive, it is imperative that you consult an attorney right away so the investigation can begin immediately.
Below are a few examples of parties who might be liable for damages after a fall in a nursing home:
1. The Facility’s Administrators
Nursing home administrators must take reasonable measures to prevent residents from slipping, tripping, and falling. When appropriate, they must equip tubs and showers with non-slip mats and sturdy handrails. They must also provide mobility devices to those with physical limitations and schedule enough staff during each shift to assist residents as needed. If they fail to take such measures, they may be held liable for any injuries that result.
2. Various Healthcare Providers
Sometimes providers who work independently for private practices will visit nursing homes to treat the residents. Since these professionals usually are not employed by the facility, patients may be able to sue them directly if they receive substandard care.
If a doctor who’s not affiliated with the nursing home prescribes medication that causes dizziness, for example, but fails to remind staff to take additional precautions regarding that particular patient, he or she could be at least partially liable for any fall accidents that occur as a result.
3. Maintenance Contractors and Equipment Manufacturers
If a nursing home hires a third-party contractor to install safety railings and other fall prevention devices but they perform substandard work, they may be responsible for any injuries that happen when the devices fail. If it turns out they did perform quality work, though, and the devices were simply defective from the start, the engineer, designer, manufacturer, or distributor of the equipment may be liable.
Call 716-855-3761 to Speak with a Nursing Home Negligence Attorney in New York
At LoTempio P.C. Law Group, we are committed to helping the victims of nursing home abuse and neglect fight for the compensation they need to move on with life. Our personal injury attorneys have more than 200 years of combined experience in the legal field. 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.