According to the Centers for Disease Control and Prevention (CDC), approximately one in four people aged 65 and older fall each year, and more than three million visit the emergency room for fall-related injuries. Although some cause minor or no injuries, falling once doubles a person’s chance of falling again, which increases their risk of suffering a more serious injury due to later falls. 1 in 5 falls results in a serious injury, often to the head or hip.
Under the Nursing Home Reform Act of 1987, nursing home staff have an obligation to provide comprehensive care that meets every resident’s needs and protects them from preventable harm. When facilities and their employees do not take this responsibility seriously, their actions or failure to act can lead to serious and even fatal injuries.
If the negligence of the nursing home staff led you or a loved one to suffer injuries in a fall, a Fort Worth falls lawyer can help you pursue financial recovery for your damages. Contact the legal team at Pintas & Mullins Law Firm now at (800) 842-6336 to get started on your nursing home abuse case.
Falling Can Cause Serious Injuries to Older Adults
An article from the Journal of the American Medical Directors Association states that anywhere from 10% to 25% of nursing home falls result in hospital admission or broken bones. 95% of hip fractures result from falling, which leads to the hospitalization of 300,000 older adults per year. Other types of fractures that frequently happen due to falls include those of the wrist, arm, and ankle.
Falls can also cause head injuries, which can present a serious risk to victims, especially those on certain medications such as blood thinners. In fact, falls cause more traumatic brain injuries (TBIs) than any other type of accident. While victims sometimes experience a full recovery, others who suffer head trauma have lasting effects.
Reasons for Falls in Nursing Homes
Falls can occur for several reasons in nursing homes, but two major causes contribute to their frequency: the residents’ health problems and a lack of resources. These factors often occur simultaneously, as a resident with limited mobility who needs assistance getting around may attempt to move on their own, resulting in a fall. Some resident health concerns that can contribute to falls include:
- Muscle and bone weakness in the lower body
- Difficulty with balance
- The use of certain medications that can cause drowsiness
- Vision problems
If residents do not receive the help they need to walk, or if environmental hazards, such as unsafe equipment, clutter, and uneven flooring impair their ability to move safely in their living areas, they have a higher risk of suffering a potentially dangerous fall.
If nursing home staff failed to provide assistance or a safe environment in the facility in which you or your loved one experienced a fall, the lawyers at Pintas & Mullins Law Firm can help you hold them accountable. Contact our legal team as soon as possible for more information about your case.
For a free legal consultation with a Falls Lawyer serving Fort Worth, call (800) 794-0444
A Fort Worth Falls Lawyer Can Help You Establish the Liability of the Nursing Home
An essential step in establishing that the nursing home holds liability for your injury or the injury of your loved one involves proving that the circumstances constitute negligence.
In addition to failing to act or acting in a reckless manner despite a duty of care to the victim, the negligence of the accused must have also caused the victim’s injuries, which led to their accrual of damages. Our attorneys can help you prove negligence and establish the responsibility of the nursing home in your case.
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Evidence that May Help You Prove Negligence
Collecting documentation, statements, and other information can help a lawyer prove negligence in your case. Some of the types of evidence they may gather to support your claim include:
- Personal charts and files from the nursing home
- Care plans
- Nursing home staff logs
- Medical records
- Witness statements
- Surveillance video footage
- Photos of injuries
Using evidence can make it easier to establish liability and seek compensation for your injuries.
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Compensation for Victims of Nursing Home Abuse and Their Families
In some cases, victims of falls in nursing homes and their families may qualify for financial awards for their damages. Amounts vary depending on the case, but they may include compensation for:
- Medical bills and equipment
- Facility care
- Pain and suffering
- Funeral and burial expenses
Nursing home abuse sometimes includes financial exploitation, as well. If you found that the facility also mishandled your finances and other personal property, a Fort Worth falls lawyer can help you seek compensation for your belongings.
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Texas Provides a Limited Time Frame for Victims and Families to File Nursing Home Abuse Claims
Under Texas law, victims of nursing home abuse and their loved ones have a limited amount of time to file a personal injury or wrongful death claim against the liable party. Texas Civil Practice and Remedies Code §16.001 allows victims up to two years from the date of their fall to file a claim, while §71.001 gives certain family members up to two years from their loved one’s death to file suit. Exceptions to this rule apply in special circumstances, such as when the victim cannot file the claim on their own behalf. An attorney can determine if you qualify and how much time you have left to file in your nursing home abuse case.
Contact Pintas & Mullins Law Firm for Help with Your Case
Choosing a nursing home for yourself or a loved one does not often come easily, and ensuring that the facility provides quality care takes precedence. When facilities do not maintain adequate staff or policies that promote the health and safety of residents, quality care may fall by the wayside.
If you or someone you love fell and suffered injuries in a nursing home because of the facility’s failure to provide you with sufficient resources, the lawyers at Pintas & Mullins Law Firm will help you seek the compensation you deserve. Contact our legal team right away at (800) 842-6336 to move forward with your nursing home abuse claim.