When a loved one resides at a nursing home facility, it can be stressful for you. You may worry about whether they are getting all the care they need while in the facility. Furthermore, you may be concerned that they are lonely while residing at home.
Nursing home facilities are places where you expect your loved one to have the care and protection they deserve in their older years. Some of the services you can expect include:
- Distributing nutritious meals
- Helping residents with everyday activities such as dressing, bathing, and walking
- Washing the resident’s clothes
- Changing and preparing the bed linens
- Driving the residents to an appointment when needed
- Distributing medication
- Assisting with physical therapy as necessary
Falls are one thing that may often occur to older adults, and they can cause great harm. If your loved one has suffered from a fall in a nursing home facility, you can get help for the financial losses by hiring a San Diego falls lawyer at Pintas & Mullins Law Firm. They will assist you in negotiating fair compensation for your injuries.
At Pintas & Mullins Law Firm, we provide premium service for our clients, which will try to ensure they are happy with the financial settlement they get. Get a free case consultation and pay no fees until we collect in the case when you contact Pintas & Mullins Law Firm. Talk to a team member today by calling (800) 842-6336 today.
Facts about Falls
There are millions of accidents and injuries that happen every year in the United States. The Centers for Disease Control and Prevention (CDC) states that approximately 39.5 million accidental or unintentional injuries occur in a year. These injuries require the need for medical services. Elderly people may be more at risk for injury because they have less bone density and reduced mobility. In addition, if they are in cognitive decline, this can impact the extent and type of injuries they incur.
Injuries from falls are common among older adults. The CDC reports the following statistics concerning falls:
- 3 million older people go to the emergency room for fall injuries every year
- Fall injuries account for over 800,000 hospitalizations a year, usually from a head injury or hip fracture
- At least 300,000 seniors go to the hospital for hip fractures every year
- 95% of hip fractures happen due to falling
As you can see, falls are detrimental and lead to many injuries and extended medical care. When your loved one is residing in a nursing home, caretakers must be extra diligent in ensuring that older adults are safe from harm. Since seniors are more apt to fall, they must take extra precautions.
Liability for a Nursing Home Fall
You may wonder how much liability a nursing home has if a resident falls and gets injured. The law in California is clear that nursing homes do have an obligation or duty of care to their residents.
The Federal Nursing Home Reform Act of 1987 gives guidelines to the nursing home facilities that they must follow. As part of the mandate, they are required to operate by a set of standards that highlight quality care. The law does hold the nursing home liable when a patient is injured during their stay in the facility.
A lawyer at Pintas & Mullins Law Firm will check into the situation to determine if your case qualifies. There are ways that the nursing home staff could be negligent and thereby accountable. Some of these ways include:
- No staff is present when a resident needs help getting from one location to another.
- The staff does not have training in fall prevention.
- The staff is not prepared to deal with the needs of mobile-restricted residents.
- The nursing home facility is understaffed.
- Fall preventative measures are not in place.
Your lawyer will ensure that your case is investigated thoroughly so that you get a fair negotiation and trial.
For a free legal consultation with a San Diego Falls Lawyer serving San Diego, call (800) 842-6336
Statute of Limitations
Every state has a time limit placed on how long they can file a nursing home personal injury lawsuit. In California, the Code of Civil Procedure (CCP) §335.1 states that you can make your lawsuit within two years of the incident. Contact Pintas & Mullins Law Firm right away, and we can help secure your loved one’s rights.
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Recovering Damages from Nursing Home Injuries
When your loved one suffers a fall, there are many potential injuries that may occur. Your attorney will help you file a claim for recoverable damages. Damages may include both physical and mental suffering. In addition, if there are any incidental costs, let your attorney know. Some examples of damages include:
- Medical costs associated with the fall
- Emotional pain and suffering
- Long term disability or injuries
- Loss of consortium
Keep track of extra costs you may have had, and let your lawyer know.
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Hire a San Diego Falls Lawyer
At Pintas & Mullins Law Firm, a San Diego falls lawyer is here to take your case and fight for your loved one’s rights. We will help your loved one recover fair financial compensation for damages incurred.
No matter how the fall occurred, check with your attorney. The nursing home facility is liable for these types of situations. Do not worry about any payment upfront. Get in touch with our law firm for a free case consultation. You can reach us by calling (800) 842-6336.