Nursing Home Abuse Lawyer Discusses A Fall at a Nursing Home.

In this short, informative video, nursing home abuse lawyer Scott D. DeSalvo answers Robert’s question about a injury from falling at a nursing home and how to evaluate these kind of cases.

Sometimes, people think that a prior history of falls makes falls at nursing homes a tough kind of case, but it is the exact opposite.

Once a Nursing Home KNOWS about a problem with falls, they have to do a fall assessment and then take step to protect the Nursing Home resident from falls. They cannot ignore the risk or history of falling that a resident has. They must know of the problem and take reasonable steps to make sure it doesn't happen.

Scott DeSalvo: Hey guys, thanks for tuning in. Today we’re going to answer Robert’s question about his dad’s stay at a nursing home where he fell.

Robert, take it away.

Robert: Hi. My name is Robert. My father is a resident of a nursing home and he fell out of bed and hurt his arm. I’m not sure what happened, but he has problems walking and he has fallen a lot before he fell at the nursing home. Is this a case? What should we do as in what is our first step? Thanks, Mr. DeSalvo.

Scott DeSalvo: Thanks for the question, Robert.

You know, nursing home cases can be very good cases. You might think that the fact that your dad had lots of falls before going into the nursing home makes it a tougher case because his injury at the nursing home involves a fall, but it’s actually the exact opposite.  Falls by residents at a nursing home if someone is prone to a fall opens lots of possibilities to win.

Two Most Common

The two most common injuries I see in Nursing Homes are bed sores and also falls. Lots of older folks have the strength and/or balance problems that affect their mobility.   It is not like this is any great mystery.  Pretty much any reasonable adult person should know that older folks can get hurt badly in a fall.

When an elderly person or an ill person goes into a nursing home, they have to do a fall assessment risk and that’s in writing. It should be in your dad’s hospital records or nursing home medical records. When they know somebody has a problem with falling, they actually assess them for their risk and there are safeguards that they’re supposed to take.

Nursing homes are required to comply with State and Federal laws.  The laws tell the nursing home what things they need to do, and doing an assessment of their residents and their medical condition is an important part of that. If they fail to do it, or if they fail to arrange the resident's circumstances  to protect them, you can have a nursing home case.

Nursing Home Assessment

Now if they didn’t follow those safeguards or didn’t do a fall assessment and then your dad falls and hurts himself under the care of the nursing home, that’s a really great case.

It’s absolutely a case that can be proven. I don’t think you mentioned how bad your dad got hurt, but even if it’s a minor injury, you don’t entrust your loved one to a nursing home for them to break the rules in a way that results in your loved one being hurt.

Whether it’s a big case or a small case, there’s compensation for your father. I would encourage you definitely to talk to a lawyer just based on what … Based on the information you’ve given me. Of course, you can call me or you can speak with any other attorney that you’re comfortable with.

I would say you’re probably better off going with an attorney who has some experience handling nursing home cases because they can be a little bit more complicated than, for example, a car crash case, but it’s a solid case and you should do something.  Falls are common and they can be proven.

I hope your Dad is okay and I hope this information helps you.