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Falls are among the most common causes of serious injuries in Florida nursing homes. For residents who have fallen, it is important to obtain a thorough diagnosis and all necessary care. Residents or their family members may also want to consult with an experienced Fort Myers nursing home abuse attorney at Spivey Law Firm, Personal Injury Attorneys, P.A., as holding the nursing home accountable can be important in this scenario.

5 Important Facts for Nursing Home Residents and Their Families

If you or an aging loved one has been seriously injured in a fall in a Florida nursing home, here are five important facts you should know:

1. Nursing Homes Can Be Responsible for Residents’ Falls in Various Circumstances

Florida nursing homes can be responsible for their residents’ falls in various circumstances. While residents should be able to walk around their nursing homes safely and without fear of being injured, the unfortunate reality is that residents face unnecessary and dangerous fall risks far too often. Some common examples of fall hazards that nursing homes frequently fail to address include:

• Trip hazards in hallways and stairwells
• Carts, cleaning supplies, and other obstructions that restrict residents’ ability to access handrails
• Spills and other temporary slip hazards
• Maintenance issues that create trip or slip hazards
• Failure to provide support or supervision to residents when needed
• Failure of staff to follow the fall risk assessment plan
• Falls by residents that occur when they try to walk to the bathroom alone because staff ignored their calls for bathroom assistance

These issues—among many others—can compromise residents’ safety and lead to dangerous falls that could (and should) have been prevented. As a result, when these issues cause residents to fall, responsibility will frequently rest with the nursing home. This is true whether these issues exist in residents’ rooms, hallways, stairwells, cafeterias, or other common areas.

2. When Nursing Homes Are Responsible, They Can (and Should) Be Held Accountable

When nursing homes are responsible for their residents’ falls, they can (and should) be held accountable. This is clear under Florida law. Not only does Florida law require nursing homes to take adequate steps to ensure their residents’ safety, but it also gives residents and their families the right to hold nursing homes accountable when they fail to do what is required.

In cases of nursing home negligence, residents and their loved ones can seek to hold nursing homes accountable for losses, including:

• Medical bills (including all costs of diagnosis, treatment, and inpatient or outpatient care)
• Medical devices, prescription medications, and other out-of-pocket costs
• Physical pain and suffering
• Emotional trauma and post-traumatic stress
• Loss of companionship, consortium, and enjoyment of life

Regardless of a resident’s or family’s financial circumstances, seeking accountability is important. Not only does it help provide relief from the financial, physical, and emotional strain resulting from a serious fall, but it can also help ensure that the nursing home does not make the same mistake again. This can help protect other residents in the future who might otherwise suffer similar injuries.

3. Residents Have the Right to Get the Care They Need from a Provider of Their Choosing

When nursing home residents suffer fall-related injuries, they have the right to get the care they need from a provider of their choosing. Nursing homes cannot interfere with residents’ efforts to obtain medical care at other facilities. If your (or your loved one’s) nursing home has attempted to interfere with your (or your loved one’s) efforts to obtain medical care after a fall, this is a major red flag, and this is something you should discuss with an experienced Fort Myers nursing home abuse lawyer at Spivey Law Firm promptly.

4. Residents and Their Families Should Not Accept Excuses or Accusations

Sadly, even when nursing homes are responsible for their residents’ injuries, they will often put their own financial interests first. In doing so, they will often provide excuses for not addressing the issue before it leads to a fall, or they will accuse residents of being to blame for their own injuries.

You should not accept these excuses or accusations.

As we said above, nursing homes have clear legal obligations to protect their residents, and residents have clear legal rights when nursing homes fail to uphold their end of the bargain. As a result, before you make any decisions about whether to seek accountability, you should consult with an experienced Fort Myers nursing home abuse lawyer who has your best interests in mind.

Once hired, your lawyer will be able to assess the circumstances surrounding your (or your loved one’s) fall to determine whether accountability is warranted. If accountability is warranted, your lawyer will be able to deal with the nursing home and its insurance company on your behalf. Your lawyer will also be able to take formal legal action if necessary. While going to court is not necessary in most cases, working with Spivey Law Firm, Personal Injury Attorneys, P.A. shows that you are serious about making sure you and your family are treated fairly.

5. Residents and Their Families Can (and Should) Hire a Lawyer at No Out-of-Pocket Cost

If you have a fall-related claim against a nursing home in Florida, hiring a lawyer to help you costs nothing out-of-pocket in this scenario. Spivey Law Firm (like most others) handles all nursing home negligence and abuse claims on a contingency-fee basis. This means that we will not charge you any up-front or monthly legal fees. Instead, if we help you secure a financial recovery, our legal fees will be deducted from the amount recovered. If we do not help you recover financial compensation for your (or your loved one’s) medical bills and other losses, you owe us nothing.

Contact a Knowledgeable Fort Myers Nursing Home Abuse Lawyer Right Away

Attorney Randall L. Spivey has practiced law in Florida for over 30 years. He is a Board-Certified Civil Trial Attorney by the Florida Bar Association, where less than 1% of all attorneys in Florida are Board Certified in Civil Trial Law. He is also rated by Martindale-Hubbell as a Preeminent Attorney, which is the highest level for professional excellence and the highest level of skill and integrity. Randall Spivey is also recognized as a Florida Super Lawyer for attaining a high degree of peer recognition and professional achievement by Super Lawyers magazine. Further, Randall Spivey has been selected as a Top 100 Trial Lawyers, an honor given to only a select group of lawyers for their superior skills and qualifications in the field.

If you need to know more about holding a Florida nursing home accountable for the costs of a serious fall, we strongly encourage you to contact us here at Spivey Law Firm, Personal Injury Attorneys, P.A.. To speak with experienced Fort Myers nursing home abuse lawyer Randall L. Spivey in confidence as soon as possible, please call (239) 337-7483, toll-free at 888-477-4839, or contact us online at SpiveyLaw.com today.