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Who is Accountable for Falls in Nursing Homes and Assisted-Living Facilities?

When a resident falls at a nursing home or assisted-living facility in Los Angeles County, who is accountable? And, perhaps more importantly, who is liable if the fallen resident does not receive quick and effective assistance, ultimately resulting in their injuries worsening? According to a recent report in The Washington Post, new data suggests that employees at nursing homes and assisted-living facilities across the country often refuse to lift residents who have fallen to avoid liability, instead calling emergency medical responders to lift the resident. By the time an emergency medical responder arrives, injuries from the fall may have worsened.

From liability to initial falls in nursing homes and assisted-living facilities to injuries worsened by a lack of quick response time, it is important to know that the facility itself could be accountable. Our Los Angeles County nursing home neglect lawyers can tell you more.

Fall Hazards in Nursing Homes and Assisted-Living Facilities

Anytime a fall hazard occurs in a nursing home or assisted living facility and results in a fall, the facility is most likely going to be liable for any injuries that occur. Common fall hazards in these places include but are not limited to:

  • Lack of or broken guardrails;
  • Torn or damaged or uneven carpeting; and
  • Liquid spills.

Inadequate Staff Numbers to Prevent Falls

When nursing homes or assisted-living facilities have insufficient staff to provide enough care with activities of daily living to residents — such as assistance getting into and out of bed, getting dressed, and bathing — a resident may slip and fall while trying to complete such tasks themselves. When falls happen in this way, the facility and potentially other parties could be liable.

No-Lift Policies and the Harms of Waiting

As the recent article in The Washington Post suggests, some employees at nursing homes and assisted-living facilities have stopped trying to lift residents who have fallen in order to avoid injuries themselves or in order to avoid liability related to additional injuries that could occur in the lifting. In fact, some facilities in different areas have even instituted no-lift policies, and emergency medical responders are called to lift instead. However, it can be some time before firefighters or other responders actually reach the facility, and resident injuries from the original fall may have worsened by that point.

The Washington Post reports that these incidents have risen by about 30% across the country since at least 2019. It is important for families to know that facilities could be liable if tasks their employees are expected to perform are not done — such as timely lifting or assistance after a fall. Further, assisted-living facilities appear to be more problematic in this regard than nursing homes. The article indicates that “assisted-living facilities appear to make far more 911 calls for lift assists than nursing homes, which have higher staffing requirements.”

Contact a Los Angeles County Nursing Home Negligence Attorney Today

If you have an elderly parent or loved one who fell in a nursing home or assisted living facility and sustained injuries, it is important to seek legal advice. The facility may be accountable for the harm to your loved one. An experienced Los Angeles County nursing home negligence lawyer can speak with you today to learn more about your case and answer any questions you have. Contact the Walton Law Firm to find out more about how we can assist you. 

 

See Related Blog Posts:

Top 5 Types of Nursing Home Neglect at Southern California Nursing Home Law Group

Understanding Vulnerability Among Orange County Nursing Home Residents

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