Anyone can suffer injuries from a fall, but many nursing home residents have a higher risk of fall complications than younger, healthier individuals. As we become older, our bones become weaker, thinner, and more brittle, and our muscles begin to atrophy or shrink. These changes make adults aged 65 and older more susceptible not only to falling but also to the need for medical assistance as a result.
If you had to make the difficult decision to place your loved one in a nursing home and they suffered a fall injury as a result of neglect, a Columbus falls lawyer can help you hold the nursing home accountable. Contact Pintas & Mullins Law Firm right away at (800) 842-6336 with more information, and our legal team will help you get started on your case.
Dangers of Falls Among Older Adults
According to the National Council on Aging (NCOA), one in four older adults in the United States falls each year, leading to an injury requiring emergency medical care every 11 minutes and a death every 19 minutes. With nearly 3 million occurring annually, falls account for the highest numbers of both fatal and non-fatal injuries among adults aged 65 and older. Falling once increases a person’s risk of falling again, and their fear of falling can lead to depression, social isolation, and a decrease in physical well-being.
Falls rank first among the most common causes of hip fractures, which disproportionately affect older people. The Centers for Disease Control and Prevention (CDC) notes that approximately 95% of all hip fractures result from falling. In three-quarters of all cases, women have a greater chance of suffering a hip fracture during a fall, especially as they continue to age.
Reasons Falls Occur in Nursing Homes
Just as more women suffer hip fractures, women also have a greater chance of experiencing elder abuse, such as nursing home neglect, which can lead to falling and other dangerous circumstances. All nursing home residents have a right to receive quality care in a manner that respects their dignity and meets each of their physical, emotional, mental, and social needs. This requires adequate nursing home staffing, training, and supervision, and when nursing homes fail to abide by these legal standards, injuries can occur for which families may have the opportunity to hold them responsible.
Those who experience neglect may not receive the help they need to use the restroom, bathe, or move about the nursing home, so some residents may choose to attempt to manage their care themselves despite their limited mobility. Even if nursing home staff does not intend for a fall to take place due to their lack of assistance, the nursing home may still face repercussions for the resident’s injury.
If you or a family member fell and suffered injuries in a Columbus nursing home, the lawyers at Pintas & Mullins Law Firm can help you determine if you have a case. Contact us today for a free case review.
For a free legal consultation with a Falls Lawyer serving Columbus, call (800) 794-0444
How a Columbus Falls Lawyer Can Help You Establish Liability in Your Case
Building a case against the nursing home that led to your injury or the injury of your loved one requires that you prove the negligence of the nursing home staff. A lawyer can help you with this process by gathering relevant information that can demonstrate a violation of rights that caused the injury. Some of the evidence that may help in your case include:
- Surveillance video
- Witness statements
- Staffing and scheduling reports from the nursing home
- Resident files
- Medical records
- The nursing home’s history of violations
After collecting this information, your lawyer can use it to prove that the nursing home did not adhere to its duty of care, which mandates that they always protect all residents within reason. By failing to do so, they breached their duty of care to your loved one, and this led to the fall that caused an injury that left you with financial damages. At this point, the lawyer will have proved negligence and can assist you in moving forward with your claim.
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Financial Recovery for Victims of Nursing Home Falls
Many victims of nursing home falls and their families qualify for compensation for the injuries and losses that resulted. The details of your case dictate the types of awards and total amount you may have the option to pursue, but they may include recovery for:
- Medical bills, including emergency care, testing, appointments, surgeries, equipment, and medications
- Pain and suffering, such as mental anguish or permanent disfigurement
- Funeral and burial expenses if the victim suffered fatal injuries from the fall
Your lawyer can investigate the specifics of your case, evaluate your damages, and seek fair financial awards on your behalf.
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Ohio’s Statutes of Limitations on Nursing Home Abuse Cases
Ohio places a statute of limitations or legal time frame during which victims or their families can file a claim against the liable party in their case, on nursing home abuse cases, including instances of neglect that lead to falls. Ohio law views most nursing home abuse cases as forms of medical malpractice, which typically allow victims up to one year from the date of their injury to file their claims. In cases in which the victim lost their life because of the injury, families may have up to two years to file a wrongful death suit against the nursing home. A Columbus falls lawyer can calculate how much time you have to file and can help you avoid missed deadlines.
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Contact the Team at Pintas & Mullins Law Firm for Assistance with Your Case
Accidents happen, but they should never occur because a nursing home failed to provide adequate, compassionate, or professionally trained staff. If you or someone you loved fell in a nursing home and suffered serious or fatal injuries, the lawyers at Pintas & Mullins Law Firm can help you pursue recovery for your financial losses. Contact us today at (800) 842-6336 for your free case evaluation with our legal team.