An aging nursing home resident can be particularly susceptible to suffering a serious fall injury, and these injuries can have significant physical, psychological and financial consequences.
This makes it important for injured residents and their families to take legal action when warranted after a serious fall injury.
Injured residents and their families can sue for serious fall injuries in many cases. A nursing home can be held liable for a serious fall injury occurring under a wide range of circumstances—including falls occurring off-site in some situations. When residents and their families have grounds to take legal action, they can seek just compensation for their (or their loved one’s) financial and non-financial losses, including their medical bills, physical pain and suffering, and emotional distress.
While every situation is unique, falls are more common in some situations than others. The following are all common scenarios in which nursing homes can (and should) be held accountable for a resident’s fall-related injury:
Nursing homes in Wisconsin have a legal duty to provide assistance to residents who need it. This includes (but is not limited to) assistance with getting around their room, going to the bathroom, taking care of their daily needs, and visiting other areas of the facility. As a result, if a nursing home fails to provide assistance when needed—and if a resident suffers a serious fall injury as a result—this can serve as clear grounds for liability.
Providing negligent assistance can serve as clear grounds for liability as well. For example, if a nursing home caregiver or staff member attempts to provide assistance but fails to protect a resident from falling—or if a caregiver or staff member accidentally causes a resident to fall—the nursing home may be liable in this scenario as well.
Along with issues related to a nursing home’s staff, residents and families can also file claims related to the nursing home itself. Some common examples of hazardous property conditions that can lead to falls include:
These can all serve as clear grounds for liability under Wisconsin’s premises liability laws. Here too, nursing homes have a duty to do what is necessary to keep their residents safe; and, if they fail to meet this duty, they can be held liable for any fall-related injuries that result from their failure.
Wandering and elopement are dangerous for lots of reasons. Fall-related injuries are just one of many concerns when a resident leaves a Wisconsin nursing home unsupervised. As a general rule, there is no excuse for a nursing home failing to prevent wandering and elopement, and this means that nursing homes can generally be held liable in these cases as well. Following an elopement incident, it is critical to ensure that the resident receives a full diagnosis and all necessary medical care.
In many cases, a nursing home can also be held liable for a serious fall injury during organized outings. For example, if a nursing home picks a dangerous activity or fails to provide adequate assistance or supervision during an organized outing, these are all potential grounds for liability. Importantly, regardless of whether the resident’s nursing home is liable, the owner of the business or property where the fall happened (or another at-fault party) could potentially be liable as well.
In most cases, seeking compensation after a nursing home resident’s fall injury involves filing a claim for nursing home negligence. From failing to provide adequate assistance to failing to make necessary repairs, nursing home negligence can take many different forms. Once you hire a lawyer to represent you, your lawyer will be able to provide a comprehensive assessment of your legal rights and help you make informed decisions about your next steps.
If you need to know more about suing a nursing home in Wisconsin for a serious fall-related injury, we strongly encourage you to get in touch.
Contact the Madison nursing home negligence lawyers at Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. We proudly serve 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.
