Can a Nursing Home Be Sued for Failing to Prevent Resident Falls?
If your parent or loved one was injured in a nursing home, you may be asking: can a nursing home be sued for failing to prevent resident falls? The short answer is yes. Falls are one of the most common injuries in long-term care facilities, and when they result from nursing home abuse or neglect, families have legal options. Holding a nursing home accountable is not only about compensation, it is also about protecting vulnerable residents and ensuring your loved one’s dignity and safety.
Why Falls in Nursing Homes Are So Serious
According to the CDC, falls are a leading cause of serious injury among older adults. In nursing homes, where residents may already be frail, the risks are even greater. A single fall can lead to:
- Broken hips or fractures
- Head trauma or brain injuries
- Loss of independence and mobility
- Long-term disability or even death
Families place their trust in nursing homes to provide care and supervision. When that trust is broken, the consequences can be devastating.
Common Causes of Preventable Falls in Nursing Homes
Falls are not always accidental. Many happen because the facility failed to implement proper safety measures. Some of the most common causes of nursing home neglect leading to falls include:
- Inadequate staffing: Too few caregivers mean residents do not get the assistance they need.
- Poor supervision: Residents with high fall risks are left alone when they should have monitoring.
- Unsafe environments: Wet floors, poor lighting, cluttered walkways, or broken handrails create hazards.
- Medication mismanagement: Overmedication or wrong dosages can cause dizziness or drowsiness.
- Lack of mobility support: Failure to provide wheelchairs, walkers, or transfer assistance.
When these conditions exist, a nursing home may be legally responsible for resulting injuries.
When a Fall Becomes Grounds for a Lawsuit
Not every fall in a nursing home means abuse or neglect occurred. To pursue a lawsuit, you need to show that the facility or its staff failed to take reasonable steps to keep your loved one safe. A lawsuit may be possible if:
- The nursing home ignored a doctor’s care plan requiring supervision.
- Staff failed to answer call lights or provide assistance with walking.
- The facility failed to repair known hazards like broken flooring.
- Caregivers did not provide bed alarms or guardrails for high-risk residents.
- Records show patterns of neglect, poor staffing, or previous complaints.
If these conditions contributed to your parent’s fall, the nursing home could be held liable for nursing home negligence.
Legal Rights of Nursing Home Residents in New Jersey
In New Jersey, nursing home residents are protected by both state and federal laws. Facilities must meet certain standards of care. If they fail to do so, they may be sued for damages related to injuries. Residents and their families have the right to pursue claims for:
- Medical expenses caused by the fall
- Pain and suffering
- Loss of quality of life
- Wrongful death damages if the fall was fatal
These rights apply whether your loved one lives in a nursing home in Cherry Hill, Hamilton Township, Moorestown, or anywhere else in the state.
How to Prove Negligence in a Nursing Home Fall Case
To successfully sue a nursing home, evidence is critical. An experienced New Jersey nursing home lawyer will investigate the following:
- Medical records documenting injuries and treatment
- Incident reports created by the nursing home
- Staffing schedules showing if the facility was understaffed
- Surveillance footage, if available
- Witness statements from staff, residents, or visitors
- Prior inspection reports citing violations
This evidence helps establish whether the nursing home’s failure to act caused or contributed to your loved one’s fall.
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What to Do After a Nursing Home Fall
If your loved one has fallen in a nursing home, it is important to act quickly:
- Seek medical treatment immediately and request a specialist’s evaluation.
- Document everything, including photos of injuries and unsafe conditions.
- Request records such as the incident report and care plan.
- Report your concerns to the New Jersey Department of Health.
- Contact a nursing home abuse lawyer to discuss legal options.
Prompt action not only protects your loved one but can also prevent harm to other residents.
Similar Post: How Do You Prove Future Medical Costs in a Personal Injury Lawsuit?
How Gelman Law Supports Families
At Gelman Law, we understand the heartbreak families feel when a nursing home fails to protect their loved one. Attorney David Gelman is a former prosecutor who now uses his courtroom experience to hold negligent nursing homes accountable. We approach each case with compassion, listening to your story and guiding you through every step of the legal process.
Whether the nursing home is located in Mt. Holly, Atlantic City, Marlton, or anywhere in New Jersey, our goal is the same: to secure justice for your parent and prevent further harm.
Possible Compensation in Nursing Home Fall Cases
If successful, a lawsuit against a nursing home can help your family recover compensation for:
- Hospital bills, rehabilitation, and long-term care
- Future medical needs such as nursing services or equipment
- Emotional distress for your loved one and family
- Loss of companionship if the fall leads to a decline in health
- Wrongful death damages when falls are fatal
While no amount of money can erase the pain, compensation can provide resources to ensure your loved one receives the care they deserve.
Similar Post: What Should I Bring to My Initial Consultation With a Personal Injury Attorney?
Call Gelman Law Today to File a Nursing Home Abuse Claim and Protect Your Parent’s Rights
If you are asking yourself, “Can a nursing home be sued for failing to prevent resident falls?”, the answer is yes. And you do not have to face this alone. At Gelman Law, we fight for New Jersey families whose loved ones suffered preventable injuries in nursing homes. We know the tactics facilities use to avoid responsibility, and we are ready to hold them accountable.
Call us today at 856-861-4236 or fill out our online contact form to schedule a free consultation. We proudly serve clients across Cherry Hill, Delran, Deptford and throughout New Jersey. Let us help protect your family’s future while seeking justice for your parent.
Disclaimer: This blog is provided for informational purposes only and does not create an attorney-client relationship. It should not be considered legal advice. For guidance specific to your situation, please contact our office directly.
