Introduction
Nursing home falls are a well-known issue in the United States that result in severe injuries such as fractures. These incidents negatively impact the health status and quality of residents’ lives while creating important legal issues in relation to negligence and liability. As a medical records review company, we help attorneys who face these intricate problems as it relates to case falls. This article seeks to explain the concept of nursing home falls, the kinds of injuries that can result from it, and the ways we can help legal experts seek justice for such victims.
The Scope of Nursing Home Falls
Prevalence of fall in Nursing Homes
According to the CDC, nearly 1 in 3 older adults tend to experience a fall each year at a particular age, with residents of nursing homes being the most susceptible. It is predicted that falls will be responsible for more than half of all injuries occurring in nursing homes by the year 2024, signifying the desperate need for the issue to be addressed on both preventative and legal fronts.
Common Causes of fall
For attorneys dealing with falls, understanding their causative factors is of paramount importance. Here are noteworthy ones:
• Environmental Hazards: Falls risk is greatly augmented by poor lighting, wet floors, and pathways that are covered or cluttered.
• Medical Conditions: Dementia, Parkinson’s disease, and other mobility issues can symbiotically combine to increase the risk of falls.
• Medication Side Effects: Falls are more likely to occur because a number of drugs may cause lethargy and dizziness.
Types of Injuries Resulting from fall
Fractures
Among the most common injuries that stem from falls in nursing homes, fractures occur. The most frequently affected parts include:
• Hips: Severe consequences for hip fractures can include surgery and long-term rehabilitation.
• Wrists: Breaking one’s fall often leads to wrist fractures.
• Arms and Legs: Limitations in mobility and independence may stem from fractures in these areas.
Other Injuries
Along with fractures, falls may lead to:
• Head Injuries: Traumatic brain injuries and concussions are overrepresented in older adults.
• Soft Tissues Injuries: Chronic pain can stem from sprains, bruises, and strains over time.
• Psychological Impact: The fear of recurrent falls tends to make mobility and social interactions limit.
The Legal Considerations of fall in Nursing Homes
The Understanding of Negligence
To succeed on a negligence case, an attorney has to show that a nursing home did not provide a reasonable safe environment with the following prerequisite features:
• Care Obligation: A nursing home care facility has to provide a reasonable degree of care for patients.
• Breach of Care: The standard of evidence must indicate failure of the institution in safety provision measures.
• Causation: There is no doubt that the breach led to a fall, and the fall will result in other injuries.
Legal Obstacles
Attorneys in the area of nursing home falls may face issues such as but not limited to:
• Absence of Witnesses: Most of the falls happen in the absence of witnesses which makes liability difficult.
• Documenting Breach of Negligence: Documenting breach of negligence is practically impossible due to lack of evidence.
• Shifts of Burden of Proof: Claimants are usually claimed to have the burden and claimants have to prove and defend their claim.
The Importance of Reviewing Medical Documents
Why We Need Medical Documents
Medical documents are vital in the situation of falls in the nursing home because they contain important information such as:
• Rhean’s Medical History: The records capture relevant health information for a resident such as any chronic illness that renders them a risk for falling.
• Incident Reports: A formal record of the fall with time, place, and details of the fall.
• Care Plans: Indicates the degree to which the nursing home complies with safety protocols and standards of care.
How We Aid Attorneys
We are a medical records review company and help attorneys with the following:
• Professional Analysis: We detail review medical records to extract pieces of information that are beneficial to the case.
• Professional Opinion: Assessment of the level of care and safety provided by the client can be offered by our staff.
• Per Case, We Assist With Organization Of Medical Documentation, We Help Present It In A Professional Manner.
Case Studies
Case Study 1: Mrs. Johnson’s fall
Overview: An 82-year-old resident Mrs. Johnson suffered a fall in an inadequately lit corridor resulting in a fractured hip.
Challenges: Mobility was an issue for Mrs. Johson, and this is where the frail nursing home placed blame for her fall.
Solutions: The medical records indicated her inadequacy of safety features provided within the corridor and lack of sufficient illumination. This helped the lawyer win the case.
Case Study 2: The Smith Incident
Overview: A 75 year old resident, Mr. Smith sustained a wrist fracture after he fell while trying to use the toilet.
Challenges: The nursing home argued as Mr. Smith having not complied with safety measures which made the case more difficult.
Solutions: Reviewing the medical files proved that the nursing home did not take reasonable steps to ensure resident safety, including timely assistance, grab bar placement, and other measures. This fact proved to be crucial in constructing the case.
Conclusion
The legal implications of falls in a nursing home and the injuries sustained are highly complex and difficult to handle from an attorney’s standpoint. It is clear that there is a blend of clinical and legal intricacy involved in these cases. Accompanying the aid of medical review companies enhances the legal strategy for such cases. Ensuring rigorous evaluation and analysis is our responsibility so that we are ready on the day of hearing to present unarguable evidences of persistent negligence enduring to the victims of elder care misguidance.
