One of the most common causes of injuries in elderly people is falls. According to data from the Centers for Disease Control (CDC), around 3 million elderly people are treated in emergency rooms for injuries relating to falls every year. Of these fall risks, those elderly people that live in nursing homes are at an even higher risk of falling. This may seem somewhat counterintuitive, as one of the reasons for nursing homes is to provide around-the-clock care and supervision. However, the various factors that usually result in falls are still present in these facilities.
Of these factors, one of the most frustrating and unacceptable is when a fall is caused by nursing home abuse. When your elderly loved one is neglected, isn’t supervised properly, or is being physically abused, their risk of falling is increased exponentially. However, it’s important to understand that when your elderly loved one falls in a nursing home, there are options to hold the facility or caregivers accountable.
Free Consultations For California Victims of Nursing Home Abuse
At Maison Law, our team of experienced California nursing home abuse lawyers has a proven system of success in handling these claims. When your loved one is injured because of nursing home abuse, we will help them to ensure that they receive every available benefit from the facility or individual caregiver. To learn more about how we can help you and your elderly loved one, contact us today for a free consultation.
Statistics Regarding Elderly People and Falls
The elderly are among the most vulnerable people in our society, and those that are residents in nursing homes are even more vulnerable. This is due to the fact that, most likely, they require around-the-clock care and assistance in virtually every aspect of their daily lives. Whether it be simple tasks like eating or bathing, to the more extensive care needs that some residents require, often these elderly people are extremely dependent on their caregivers.
Even with this extra level of care and supervision, elderly people are still at risk of suffering from falls. With their often diminished physical condition, the injuries that result from falls can compound existing health issues and can even be fatal if the fall is serious enough.
Because of these risks, there has been a significant amount of research that has gone into these incidents. One such agency, the CDC, has compiled the following data:
- In the United States, falls are the leading cause of injury-related deaths among people aged 65 years and older.
- There are about 36 million falls reported each year, which can result in around 32,000 deaths.
- 1 out of every 5 falls results in a serious injury, such as broken bones or a traumatic brain injury (TBI).
Why Are Elderly Nursing Home Residents Susceptible To Broken Bones in Falls?
Whether they are in a nursing home or not, elderly people are unfortunately much more susceptible to broken bones in falls. There are a variety of reasons for this, but among the most common reasons are:
- Decreased bone density
- Decreased balance and coordination
- Chronic health conditions
- Medications
- Reduced muscle mass and strength
- Poor vision
These factors combined can increase the risk of falls and the likelihood of serious injuries, such as broken bones, in elderly individuals. The most common broken bone injuries for elderly residents in nursing homes include:
- Hip
- Wrist
- Forearm
- Ankle
- Vertebrae
It’s important for elderly individuals and their caregivers to take steps to reduce the risk of falls. Usually, this can be done by simple tasks like exercising regularly and staying vigilant about supervision and treatment. Still, there are some common factors that make elderly people more susceptible to broken bones in falls.
How Does Nursing Home Abuse in California Relate To Falls and Broken Bones?
The simple answer to this question is that nursing home abuse–like any other form of physical abuse–is likely to lead to conditions where injuries occur. This is magnified in a nursing home setting because most of, if not all, the residents are elderly and are at risk for suffering serious injuries when they fall. Couple that with the other negative effects of abuse, and you get a recipe for serious consequences for your elderly loved one.
Still, you may be wondering how nursing home abuse relates to falls and broken bones. Simply put, nursing home abuse only increases the risk of your elderly loved one suffering a broken bone or another injury during a fall. Usually, the following reasons lead to these unfortunate incidents:
- Neglect – Usually the most common reason for a fall is when the resident is neglected by their caregiver. Whether it be neglect of a resident’s basic needs, such as proper nutrition, hydration, and hygiene that physically weakens the body or neglect of safety measures like failing to install grab bars or remove tripping hazards, the risk of falling is made much more likely through neglect.
- Lack of supervision – Failure to properly supervise residents, especially those with cognitive impairments, increases the risk of falls and injuries. This goes hand-in-hand with neglect, as most elderly residents that are at risk for falls do so when they are not being supervised by their caregiver.
- Physical abuse – Physical abuse can cause injuries that increase the risk of falls, such as bruises, sprains, and fractures. These injuries weaken your elderly loved one’s overall health and make it more difficult for them to compensate for their diminishing capacity.
- Medication mismanagement – When your elderly loved one’s caregiver Improperly manages their medications, it can increase their risk of falls. Usually, this happens through over-sedation or failure to adjust doses.
- Poorly maintained equipment – Many nursing home residents require wheelchairs, walkers, and other equipment that are not properly maintained and can cause falls and fractures.
Obviously, broken bones are an extremely grave situation for an elderly nursing home resident. Often, they require surgery, which could be complicated by your elderly loved one’s medication. Other times, they may not be able to physically make it through the procedure or the aftercare because of their condition. One thing is for certain, though. If your elderly loved one’s fall was caused by nursing home abuse, they have legal options in California.
What Legal Options Are There For Nursing Home Abuse in California?
Victims of nursing home abuse in California have several legal options, the two most consequential of which are filing a complaint with the Department of Public Health and a civil lawsuit for damages.
- File a complaint with the California Department of Public Health (DPH) – The California Department of Public Health is responsible for investigating complaints of abuse and neglect in nursing homes. In the course of their investigation, the DPH will gather evidence, interview witnesses, conduct on-site inspections, and review medical records to determine the extent the abuse played in your loved one’s fall. This evidence can also be used in a civil lawsuit, should you want to go that route.
- File a lawsuit – Victims of nursing home abuse can file a lawsuit against the facility and the responsible parties, seeking compensation for damages. In a nursing home abuse claim, the following damages are generally available:
- Medical expenses
- pain and suffering
- Emotional distress
- Funeral and burial expenses in the event your loved one passed away due to their injury.
Like any lawsuit, nursing home abuse claims have a statute of limitations in California. The statute of limitations in a nursing home abuse case is two years from the date of the injury. Thus, it’s important to act quickly once your loved one suffers a broken bone from a fall.
Contact Maison Law Today If Your Loved One Has Been Injured
At Maison Law, our team of experienced and compassionate California nursing home abuse lawyers understands how devastating a broken bone can be for your elderly loved one. When these unfortunate incidents happen because of abuse in a nursing home, we will put our team to work for your family. We have a proven track record of success in standing up for our clients against nursing homes and their illegal practices. To get started with a free consultation, contact us today.
