Falls in nursing homes are not simply minor accidents; they are often catastrophic events that change lives in an instant. For elderly residents, a single misstep can result in a broken hip, a traumatic brain injury, or a decline in health from which they may never fully recover. Families who make the difficult decision to entrust a loved one to a nursing home have the right to expect that basic precautions will be taken to prevent unnecessary accidents. Unfortunately, when staff fail to uphold their obligations, it frequently leads to falls in nursing homes, and those harmed may be entitled to legal recourse. If you or a loved one suffered injuries due to a fall in a nursing home, it is important to understand your rights, and you should talk to an attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse nursing home negligence attorneys understand the devastating impact of these injuries, and if you hire us, we will fight to hold the negligent parties accountable. We regularly represent parties in nursing home negligence claims throughout Syracuse, Rochester, and Upstate New York.
Harm Caused by Falls in Nursing HomesA single fall in a nursing home can irreparably harm a resident. Hip fractures are particularly common among older adults who fall, and such injuries often require surgical repair followed by months of rehabilitation. Even with treatment, many residents never regain their prior level of mobility, which may result in permanent confinement to a wheelchair or bed. Head injuries are equally dangerous, as elderly individuals are especially vulnerable to brain bleeds and concussions that may lead to memory loss, cognitive decline, or sudden death. Complications following a fall can also include infections, bedsores, and pneumonia, especially if the resident becomes immobile.
The consequences of such falls are not only physical but emotional as well. Residents who experience a fall often lose confidence and live in constant fear of falling again. This fear can diminish their independence, discourage participation in activities, and contribute to depression and social isolation.
Claims Arising Out of Falls in Nursing HomesPeople who suffer injuries caused by falls in nursing homes will often seek damages for their losses. In most cases, a plaintiff pursuing a lawsuit against a nursing home will set forth a negligence claim.
To establish negligence under New York law, a plaintiff must demonstrate a duty owed, a breach of that duty, causation, and damages. Nursing homes unquestionably owe their residents a duty of care, and this obligation is reinforced by both state statutes and federal law. Under New York’s Public Health Law and related regulations, facilities must provide residents with an environment free from foreseeable hazards and must deliver care that promotes their health, safety, and dignity. At the federal level, the Nursing Home Reform Act requires facilities that participate in Medicare or Medicaid to meet specific standards, including conducting comprehensive fall-risk assessments, developing individualized care plans, ensuring sufficient staffing, and maintaining safe premises. These rules are not suggestions; they establish the baseline standard of care by which nursing homes are judged.
A breach occurs when a nursing home fails to meet these standards set by state and federal laws and regulations. Examples include neglecting to use bed or chair alarms for high-risk residents, failing to provide adequate supervision during transfers, ignoring physician or therapist instructions about mobility assistance, or operating with chronic understaffing that leaves residents unattended.
Causation requires proof that this breach directly led to the resident’s fall and subsequent injuries. This is often the most disputed element, as nursing homes may argue that the fall was the unavoidable result of age or pre-existing medical conditions. To address these defenses, plaintiffs usually rely on expert testimony from medical professionals and long-term care specialists who can explain how the injury would not have occurred absent the facility’s negligence and failure to comply with the mandated standard of care.
Finally, the plaintiff must show damages. Victims of nursing home falls may be entitled to compensation for medical treatment, surgery, rehabilitation, and the cost of long-term care. In addition, damages may include pain and suffering, loss of mobility, emotional distress, and diminished quality of life. When a fall tragically results in death, surviving family members may also pursue wrongful death claims under New York law.
Speak with a Skilled Nursing Home Negligence Attorney in Syracuse, Rochester, or Upstate New YorkFalls in nursing homes should never be dismissed as an inevitable consequence of aging. With proper planning, supervision, and care, most of these accidents are preventable. If you or someone you love were hurt in a fall in a nursing home, you have the right to seek compensation, and you should speak to an attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse nursing home negligence attorneys have the knowledge and resources needed to take on nursing homes, and if we represent you, we will help you take the steps necessary to protect your interests. Our primary office is in Syracuse, and we proudly serve clients in Syracuse, Rochester, and throughout Upstate New York. Contact us today at 833-200-2000 or reach out online to schedule a free and confidential consultation.