In nursing homes, falls are among the leading causes of serious injuries. Tragically, in some cases, they can also be a cause of death. As we age, our bodies become more fragile, and this means that we become more susceptible to life-altering or life-threatening complications from traumatic injuries, infections, and other fall-related issues.
While some falls “just happen,” many nursing home falls are preventable. In Wisconsin, all nursing homes have a legal obligation to provide a safe living environment for their residents. This applies to both common areas and residents’ private spaces. If a nursing home doesn’t provide a safe living environment—and if a resident suffers a fall as a result—the nursing home may be liable.
Nursing homes can be held liable for residents’ falls on various grounds. Broadly speaking, all nursing home fall claims are based on negligence or neglect. If a nursing home is negligent, or if its staff members neglect a resident who is in need of help, both of these can provide clear justification for holding the nursing home accountable.
With this in mind, some common examples of negligence and neglect that can justify fall-related claims against nursing homes in Wisconsin include:
Nursing homes need to maintain safe common areas at all times. From temporary slip and trip hazards (i.e., spills, recently cleaned floors, and objects left in hallways) to neglected maintenance issues (i.e., loose handrails or missing non-skid material), numerous issues can present dangerous fall risks for residents.
According to various sources, the majority of nursing home falls occur in residents’ private spaces—their rooms and bathrooms. Nursing homes have a legal obligation to address fall risks in these areas as well. Slippery floors, unsafe furniture, and a variety of other issues can lead to nursing home falls that could (and should) have been prevented.
Failing to follow a resident’s care plan can also increase his or her risk of suffering catastrophic injuries in a fall. If a resident does not receive his or her medications or is dehydrated or malnourished, these are all serious issues that can present a variety of risks and potentially lead to life-altering or life-threatening consequences.
In Wisconsin, nursing homes must provide access to safe walkers and wheelchairs for residents who need them. If a resident does not have access to a walker or wheelchair, he or she may have no choice but to attempt to walk unassisted. If a resident’s walker or wheelchair is unsafe, this could lead to a catastrophic fall as well.
Along with providing access to safe walkers and wheelchairs, nursing homes must also provide residents with support when they need it. For residents who need help going to the bathroom, bathing, or visiting areas outside of their room, providing adequate support is an essential component of meeting their basic needs.
All nursing home staff should receive adequate training regarding fall risks and how to prevent them. Nursing homes must also adequately supervise their staff members to ensure that they are meeting their residents’ needs. If a nursing home provides inadequate training or supervision, this can also serve as grounds for liability in the event of a fall.
Establishments can also face liability for nursing home falls if their staff members ignore residents’ calls for help. This could be a call for help before or after a fall. When residents fall, it is critical to ensure that they receive the care they need as soon as possible; and, if a nursing home is responsible for any delays in care, it can face liability for any consequences that could (and should) have been prevented.
Again, these are just some of the most common examples. Nursing home residents can (and do) fall for many other reasons as well. If you have questions about seeking to home a nursing home liable for a fall for any reason, we strongly encourage you to contact us today.
Nursing home falls demand justice. If you need to know more about seeking to hold a Wisconsin nursing home liable for a fall, we strongly encourage you to get in touch. Our Madison nursing home abuse lawyers understand the hardships you and your loved one may be facing, and we are committed to helping you achieve the justice you deserve.
Contact us today online or at (608) 268-0268 for a FREE case review. Boller & Vaughan proudly serves clients in Madison and throughout Wisconsin.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
