Fort Myers Nursing Home Falls Attorney
Falls in nursing homes are often the result of negligence or abuse. If you or a loved one has fallen in a Florida nursing home, our attorneys can assess your legal rights and fight to hold the nursing home accountable if warranted. We handle cases involving all forms of nursing home negligence and nursing home abuse, and we are committed to seeking justice for residents and their families.
Nursing homes have a fundamental responsibility to protect their residents’ safety. When aging individuals move into nursing homes, they do so because they need to rely on others to provide assistance when necessary.
Unfortunately, far too often, nursing home residents do not receive the assistance they need.
If you or a loved one has fallen in a Florida nursing home, you may have grounds to hold the nursing home accountable. At Spivey Law Firm, Personal Injury Attorneys, P.A., we handle nursing home fall cases involving all forms of negligence and abuse. From failing to attend to residents’ needs to hiring abusive caregivers, nursing homes can face liability on various grounds. Our attorneys rely on decades of experience to hold nursing homes accountable by all means available.
Common (and Preventable) Causes of Nursing Home Falls
Several errors and oversights can lead to falls that could (and should) have been prevented. When residents need help, nursing homes have a duty to provide appropriate assistance in a timely manner. Nursing homes also have a duty to avoid hiring abusive staff members and must adequately monitor all of their staff members’ conduct on an ongoing basis.
With this in mind, some causes of preventable falls in nursing homes include:
- Inadequate Staffing – Inadequate staffing is a common cause of numerous types of safety risks for nursing home residents. This includes the risk of suffering serious injuries in falls. If a nursing home is not adequately staffed, it does not have sufficient personnel to assist residents in a timely manner.
- Inadequate Employment Screening – Even if a nursing home is adequately staffed, its staff members could still pose risks to residents. Sadly, abuse is a very real concern, and various forms of abuse can either cause falls directly (i.e., pushing or punching) or leave residents vulnerable to suffering fall-related injuries when they try to protect themselves.
- Poorly Trained Staff – Poor staff training is a very real concern as well. If a nursing home’s staff members have not been adequately trained, they will be prone to mistakes that can lead to dangerous falls.
- Failure to Address Residents’ Care Needs – Nursing homes in Florida must provide assistance and support tailored to each individual resident’s care needs. If a nursing home fails to address a resident’s particular needs (i.e., the need for a wheelchair or assistance going to the restroom), this can also lead to falls.
- Failure to Monitor Residents’ Conditions – Nursing homes in Florida must also monitor their residents’ conditions on an ongoing basis. If a resident’s physical or cognitive condition begins to deteriorate, this can significantly increase the resident’s risk of falling and suffering serious or life-threatening injuries.
- Medication Errors – Medication errors are a common (and preventable) cause of nursing home falls as well. Administering the wrong medication, underdosing, and overdosing can all pose a variety of risks for nursing home residents—including the risk of causing impairments that lead to falls.
- Inadequate Maintenance of Premises or Equipment – Slippery floors, torn carpet, and other premises-related maintenance issues can also cause serious falls in nursing homes. Inadequate maintenance of equipment (i.e., wheelchairs and bed rails) is a common factor in nursing home falls as well.
- Misuse of Equipment – Misuse of equipment is also a common factor in nursing home falls. If a staff member does not know how to properly operate an electric bed, for example, this can potentially result in a fall that causes a hip fracture or another serious traumatic injury.
These failures, among others, can all serve as grounds to file a claim for nursing home negligence or abuse in Florida. When nursing home residents and their families have grounds to file a claim, they can seek compensation not only for their medical bills and other out-of-pocket costs, but for their physical pain, emotional trauma, and other non-financial costs as well.
What to Do If You or a Loved One Fell in a Florida Nursing Home
If you or a loved one has fallen in a Florida nursing home, you should have two priorities: (i) you should seek medical treatment right away; and (ii) you should talk to a lawyer at Spivey Law Firm as soon as possible. Once you contact us, we can provide a free consultation in strict confidence with one of our experienced lawyers as soon as possible, and your lawyer will explain everything you need to know.
FAQs: Filing a Claim for a Fall in a Florida Nursing Home
When can nursing homes be held responsible for residents’ falls?
Nursing homes can be held responsible for residents’ falls in a wide range of circumstances. If you or a loved one has fallen in a Florida nursing home, we strongly encourage you to speak with one of our attorneys about your family’s legal rights.
Should I report my (or my loved one’s) fall to the nursing home?
Reporting your (or your loved one’s) fall to the nursing home can help with proving where and when the incident happened. With that said, if you are not comfortable speaking with the nursing home’s administrators, our attorneys can handle all communications on your behalf.
What if the nursing home says my (or my loved one’s) fall was an accident?
Even if your (or your loved one’s) fall was an accident, the nursing home could still be legally responsible. To ensure that you make informed decisions about your next steps, you should consult with a lawyer at Spivey Law Firm who has your family’s best interests in mind.
What will it cost to file a claim for a fall in a Florida nursing home?
There are no upfront attorney’s fees or costs to file a claim from a fall at a Florida nursing home. At Spivey Law Firm, Personal Injury Attorneys, P.A., we work on a contingency fee basis, meaning there are no hourly rates for attorney’s fees or retainers. You pay no legal fees or costs until we successfully recover money for you. Our attorneys are only paid a contingency fee as a set percentage of the financial recovery only when you receive money.
Speak with a Fort Myers Nursing Home Falls Lawyer in Confidence
Spivey Law Firm, Personal Injury Attorneys, P.A. has received an AV Preeminent Rating from Martindale-Hubbell which is the highest peer review ranking an attorney can receive. It shows that the attorneys have reached the top level for legal ability and ethical standards.
To speak with a Fort Myers nursing home falls lawyer at Spivey Law Firm, Personal Injury Attorneys, P.A. in confidence for a free consultation, contact us today. Call 239-337-7483 or toll-free 888-477-4839, or contact us online to arrange a free consultation.