The Nursing Home Abuse Center estimates that there are around 1,800 falling deaths in nursing homes each year in the United States. In another recent report, the DHS found that in 2023, “Medicare-enrolled nursing home residents experienced 42,864 falls with major injury and hospitalization and 1,911 residents died while hospitalized.”
Nursing home falls happen more often than you may think. And in all my years of representing victims, one of the most critical questions families ask me is: was this fall preventable (i.e., was it negligence?), or was it truly an unavoidable accident?
Understanding the difference between nursing home negligence and genuine accidents can mean the difference between receiving compensation for your loved one’s injuries and accepting responsibility for what may have been preventable harm.
Here we’ll go over when a fall may merit a personal injury case and what to do if you think a loved one is a victim of nursing home negligence.
When Nursing Home Falls Constitute Negligence
Not every fall in a nursing facility represents negligence. However, certain circumstances clearly indicate that the nursing home failed to meet its duty of care under Illinois law.
Inadequate Fall Risk Assessment
Illinois nursing homes are required to conduct assessments of each resident’s fall risk. When facilities fail to properly evaluate factors like medication side effects, mobility limitations, or cognitive impairment, they create dangerous conditions and could lead to preventable falls.
Failure to Implement Fall Prevention Measures
Once a resident is identified as high-risk for falls, nursing homes must implement appropriate safety measures such as:
- Proper lighting in hallways and rooms
- Non-slip flooring and grab bars
- Regular safety rounds
- Adequate supervision for at-risk residents
- Proper use of assistive devices
When nursing home staff fails to follow established fall prevention protocols, and a resident suffers injuries as a result, this could constitute negligence under Illinois law.
Understaffing Issues
Chronic understaffing plagues many medical facilities across Illinois, including nursing homes. When there aren’t enough qualified staff members to properly monitor residents, falls and other incidents become more likely. The Illinois Department of Public Health requires specific staffing ratios, and violations could support a negligence claim.
Medication Management Failures
Many nursing home residents take medications that can cause dizziness, confusion, or weakness. Proper medication management requires careful monitoring and dosage adjustments. When staffs fail to recognize medication-related fall risks or don’t communicate changes to the care team, preventable falls can occur.
Distinguishing Accidents from Negligence
Genuine accidents do happen in nursing homes, even when staff provide appropriate care. The key factors to examine when evaluating potential nursing home fall cases include:
Documentation and Care Plans
Proper documentation is crucial. Was there a current fall risk assessment? Did staff follow the established care plan? Were safety measures in place and functioning properly? Missing or inadequate documentation could indicate negligence.
Timing and Circumstances
The circumstances surrounding the fall matter significantly. Did it occur during a known high-risk period? Was the resident unsupervised when they should have been monitored? Were environmental hazards present that should have been addressed? These are all questions that could determine negligence or genuine accident.
Resident’s Medical Condition
Some residents face fall risks due to their medical conditions. However, this doesn’t excuse nursing homes from implementing appropriate safety measures. Even residents with dementia or mobility issues deserve proper protection.
Illinois Laws Protecting Nursing Home Residents
Illinois has specific laws designed to protect nursing home residents from falls and other injuries. The Illinois Nursing Home Care Act requires facilities to provide services that promote the highest practical physical and mental well-being of residents.
Under Illinois law, nursing homes must:
- Maintain a safe, sanitary environment
- Provide adequate supervision and assistance
- Implement individualized care plans
- Train staff in fall prevention techniques
When facilities violate these requirements, they can be held liable for resulting injuries. The Act also allows residents and families to file private lawsuits against the facility in the event that they violate the resident’s rights.
Take Action with Brian Lewis After a Nursing Home Fall
Time is critical when dealing with nursing home injuries. Illinois law requires that certain claims be filed within specific timeframes, and evidence can disappear quickly if not preserved properly.
If your loved one has suffered injuries from a nursing home fall, please give me a call as soon as possible. As someone who has devoted my entire career to representing victims of negligence, I understand the complex medical and legal issues these cases involve.
Don’t let a nursing home convince you that your loved one’s fall was simply an unavoidable accident if you suspect otherwise.
Get in touch today to find out if you have a case.
