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Chicago, IL Nursing Home Fall Lawyer

More than 1,800 elderly people die each year from falls in nursing homes. Knowing the inherent risks that falls pose to elderly residents, nursing facilities need to create and implement a fall prevention program for every patient.

Rosenfeld Injury Lawyers LLC is well aware that when residents fall in a nursing facility serious injuries can result such as broken bones, hip fractures, brain bleeds, and even death.

Each Chicago nursing home fall attorney in our law firm has experience evaluating each Illinois nursing home fall case where precautions should have been implemented before the incident occurred..

Get Help From an Nursing Home Abuse Lawyer to Hold the Facility Accountable for Your Loved Ones Injuries

We know that not every nursing home fall could or should have been prevented. When a facilities negligent acts or failure to provide adequate fall precautions result in a patient injury, our nursing home abuse lawyers always hold the facility accountable.

Contact our experienced Chicago nursing home abuse attorneys for a free consultation if your loved one has suffered injuries in a fall.

Our law offices currently represent clients throughout the Chicago area and across the State of Illinois, including Cook County, DuPage County, Kane County, Lake County, McHenry County, Will County, Joliet, Aurora, and Chicago.

Fall Prevention for Patients in Nursing Facilities

Effective fall nursing home fall prevention programs should identify the characteristics that put the patient at risk of falling and create a care plan for the patient to safely live in the facility.

The patient's doctor and nursing home staff are to create a fall prevention programs with necessary safeguards to be to prevent falls from occurring.

The Illinois Nursing Home Care Act requires every facility to conduct fall risk assessments for each patient upon their admission to the nursing home an updated at regular intervals.  

The care plans must balance each patient's legal right right to be free with their own safety

Post Fall Assessments to be Completed by Nursing Homes & Assisted Living Facilities

After a nursing home resident falls at a long-term care facility in Chicago, IL, state law requires that staff meet and reassess the patient's care plan, as required by the nursing home care act.  
State law also requires nursing home staff members to monitor for residents who may require additional fall-related prevention.

In some situations, the facility should consider using alarms on chairs or beds to notify the home staff when the person attempts to walk on their own if the nursing home resident has a history of falls.
Other fall precautions also include fall pads along the patient's bed and lap bands when a patient is in a wheelchair.

When prevention measures are not followed and a patient suffers an injury from a fall, the family can take action and file a lawsuit under Illinois state law so the facility can be held accountable  for their loved one's injuries.

When the fall results in death, the family member can file a wrongful death claim against the facility, this is based on the Illinois Wrongful Death Act.

Frequent Causes of Chicago Nursing Home Falls

Some of the common causes of fall injury and wrongful death claims involving nursing home residents include:
Hazards – Wet floors, poor lighting, improper bed heights, improperly maintained wheelchairs or equipment left out of place
Medications – Drugs that affect the central nervous system, such as sedatives and anti-anxiety (or psychoactive) drugs can cause falls as can medication errors (nursing home neglect)
Improperly fitting shoes or incorrect walking aids.
Frequent use of restraints
Failure to provide assistance or specialized bathing equipment, including chairs, stands, and grips.
Transfer into and out of bed due to negligent staff members or the use of bed rails
Failing to engage locks on wheelchairs
Failure to maintain stairways and walkways which can lead to a dangerous situation
Physical abuse by staff members, visitors, or other residents
Chicago Nursing Home Falls Lawyer

Unfortunately in addition to the above, many nursing facilities are grossly under-staffed and do not have sufficient staffing levels to care for patients and help them navigate their environments in a safe manner.

In these circumstances involving poor staffing levels, facilities may be held accountable when a patient is injured in a fall.

Injuries Related to Fall Accidents in Chicago Nursing Homes

Every fall poses a significant risk to fragile nursing home patients. Like other personal injury cases, nursing homes take their patients 'as they find them' (the eggshell skull rule) and may be responsible for the consequences of a fall even when when seem to be drastic in relation to the incident itself.

Elderly nursing home patients involved in fall accidents frequently receive serious injuries such as fractured bones (hips, femur, arms and discs in the back), brain injuries or bleeds in the brain known as subdural hematoma, lacerations and even death.

Injury attorney for nursing home falls in Chicago

Damages Available in Illinois Nursing Home Fall Lawsuits

When a patient suffers injuries in a Chicago nursing home fall accident, they are entitled to recover a combination of economic and non-economic damages.

Economic damages refer to fixed expenses that the individual sustains due to their injury. In fall cases, this primarily consists of medical bills for past and future care. This can entail, hospitalization, surgical fees, physical therapy and even in-patient rehabilitation.

An elderly resident injured in a fall accident at one of the nursing homes can also recover non-economic damages for intangible losses such as pain and suffering (past and future) as well as resulting disability. Illinois has no limit on the non-economic damages a person can recover.

Special Considerations in Assisted Living Fall Cases

Assisted living facilities continue to emerge as a supportive living arrangement for elderly people who require assistance with their daily living needs. While assisted living may be a viable alternative for some elderly people, these facilities are not medical facilities like nursing homes.

In terms of care levels, assistive living options do not have the same level of supervision that skilled nursing facilities offer. When it comes to caring for a patient who is susceptible to falls, an ALF may not be a viable option.

However, when an assisted living facility accepts a patient, they are responsible for ensuring their safety. Consequently, when a patient falls at an ALF liability may ensue.

Nursing Home Patient Fall FAQs

Below are some questions encountered by families when then loved one has suffered a fall at a nursing facility. We realize that these questions are only the beginning of a conversation.

We invite you to contact our office and you can talk with a nursing home abuse attorney about your options for moving forward.

Are Nursing Homes Are Required to Report Falls?

Every nursing home is required to report all falls that occur in the facility within days if there are no injuries, and hours if there are injuries.

Typically, nursing homes with 100 beds or more will report up to 200 falls every year on average.

However, many falls in nursing facilities go unreported because the nursing staff failed to document what happened or tell others what occurred.

How Can We Reduce Falls in Nursing Homes?

The nursing facility should complete a comprehensive risk assessment on every resident that includes any past falls or accidents, the drugs they take, and their overall physical health.

Every staff member should receive proper training and follow established fall prevention strategies.

The nursing staff should ensure that there are no environmental hazards including: slippery floors, poor lighting, improper exit signs, exposed debris, and broken fixtures and furnishings. Every resident's bed height should be adjusted to the proper level and faulty bed rails should be replaced.

How Can We Reduce Falls in Nursing Homes?

The nursing facility should complete a comprehensive risk assessment on every resident that includes any past falls or accidents, the drugs they take, and their overall physical health.

Every staff member should receive proper training and follow established fall prevention strategies.

The nursing staff should ensure that there are no environmental hazards including: slippery floors, poor lighting, improper exit signs, exposed debris, and broken fixtures and furnishings. Every resident's bed height should be adjusted to the proper level and faulty bed rails should be replaced.

Do Dementia Patients Fall a Lot?

Yes. The elderly with dementia are at the greatest risk of falling and sustaining injuries and tend to have recurrent falls.

The abnormalities of dementia decreased reaction time, diminished executive function, decrease visuospatial skills, and cause inattentive cognitive function.

The impulsivity of individuals with dementia often results in unnecessary risks of taking. There poor perception and lack of insight could be dangerous around environmental hazards including slippery floors and cluttered hallways.

Consequently, nursing homes need to note each patient's medical condition and implement safeguards to prevent falls from occurring.

Is a Fall Injury Considered to be Nursing Home Abuse or Neglect?

The terms ‘abuse’ and ‘neglect’ get thrown around a lot in nursing home negligence cases. Call a fall injury involving an elderly person what you like, but many fall injuries should indeed be considered one of the signs of nursing home abuse or neglect.

As attorneys who regularly investigate these matters, we regularly find that facilities fail to implement the care plans designed to protect nursing home residents.

In many cases, we see episodes of prior falls where the incident was not properly recorded in the patient's medical chart and no additional safety measures were implemented.

Certainly the failure to report prior falls and implement physician ordered fall prevention methods can be considered abuse or neglect.

How Do You Prevent Falls in the Elderly with Dementia?

Information released by the CDC (Centers for Disease Control and Prevention) shows that individuals with dementia tend to have a heightened risk of falling at home, in a nursing facility, or hospital.

The CDC suggests taking certain steps to prevent the potential of a fall that includes arranging for adequate lighting, providing visual clues, clearing walkway pounds, decreasing debris, and ensuring all the patient's needs are met.

Also, the nursing staff, family members, or visitors can lower noise levels, ensure there is additional assistance on hand, and have the patient use only the safest footwear when walking or standing.

What to Do if a Patient has a Fall in a Nursing Home?

Did you learn about a situation where a family member or loved one was injured (such as a fracture, subdural hematoma, or death) due to a fall in an Illinois skilled nursing facility?

If so, you are likely concerned about their medical condition. You likely also have questions about how the incident occurred in the nursing home as well.

Consequently, you may wish to contact the Illinois Department of Public Health (IDPH), the governmental agency that oversees nursing facilities in Illinois.

Once contacted, the IDPH has surveyors that have the authority to go to the facility and interview staff members about an incident.

If the investigator determines that the nursing home facility failed to follow protocols, IDPH has the authority to issue fines for poor care.

You can also request a copy of the investigative findings, which can be helpful in evaluating a potential nursing home injury case against the facility.

If you have questions regarding the fall reporting process or role of IDPH, contact our Chicago nursing home abuse team as we can guide you through this process.

When a Resident Falls, What Should Nursing Home Staff Do?

Within the first seventy-two hours after the resident falls, the nursing staff including the nursing assistant should continuously monitor the injured patient's condition.

First, the nursing assistant should not pick the resident up after their fall but send others to retrieve the nurse on duty.

Upon arrival, the nurse should immediately evaluate the resident, provide necessary care to stabilize their condition, call for 911 if necessary, and begin describing the injuries in written form. Only then should the resident be picked up from the floor to a more comfortable position unless a further evaluation is required.

Moving the resident without a full assessment could cause additional harm especially if there are broken bones, fractures, head injury, or organ damage.

Chicago Nursing Home Fall lawyer

Medical Facility Liability For Patients Injured or Killed in Fall Accidents

When evaluating nursing home fall cases, the Chicago nursing home abuse and neglect lawyers at Rosenfeld Injury Lawyers LLC evaluates the circumstances surrounding the specific incident as well as the patient’s fall-related history at the facility.

Not all fall-related injuries involving nursing home patients will give rise to compensation.

However, we carefully examine each patient's medical chart and review the fall prevention protocols that were ordered versus what was actually applied by staff.

In the vast majority of these elder abuse cases, there is a clear failure on the part of these facilities to follow standing orders.

Examples of Our Nursing Home Fall Case Settlements

Our Chicago nursing home neglect and abuse attorneys have experience prosecuting fall-related injury cases on behalf of individuals and families.

While these cases may be categorized as nursing home abuse or neglect, the terminology is irrelevant as these people have sustained significant injuries.

Below are some samples of our recoveries our nursing home abuse lawyers have achieved for our clients.
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$1,000,095: Recovery for an 80-year-old woman who fell in the bathroom while nursing home staff left the room. This victim of elder abuse died as a consequence of the fall.


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$860,000: Settlement for a victim of nursing home abuse who fractured his pelvis due to a fall in a long-term care facility in Southern Illinois.


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$500,000: Mediation elder abuse settlement for a woman who fell and fractured her hip during a physical therapy session at an out-patient facility.


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$475,000: Out-of-court settlement for the family of a victim of nursing home abuse who fell while walking outside of a Chicago nursing home.

If you have questions about a situation involving a fall accident case involving a loved one, we invite you to call our office and speak with an experienced nursing home abuse attorney who can address any questions you have.

We offer each family dealing with abuse and neglect a free consultation with a skilled attorney.

Patterns of Nursing Home Abuse...And Falls

In many situations, there is a pattern of falls within a nursing home and a clear failure on the part of the staff to implement proper care such as fall-prevention precautions.

As a patient's medical condition changes or deteriorates, nursing homes have a duty to modify the individual's medical care plan to adjust for their changing needs. When facilities fail to do so, they expose themselves to liability for abuse or neglect.

In these situations, Rosenfeld Injury Lawyers LLC is committed to holding negligent facilities fully accountable for injuries sustained by patients when they fall in Chicago long-term care facilities.

In these situations, a personal injury or wrongful death lawsuit can be filed against the facility under the Illinois Nursing Home Care Act to recover compensation for your loved one's injuries and related pain.

Contact an experienced nursing home abuse attorney at Rosenfeld Injury Lawyers LLC for more information about filing a lawsuit.

Speak With a Nursing Home Fall Lawyer in Chicago

At Rosenfeld Injury Lawyers LLC, our Chicago nursing homes abuse law firm knows how vital it is to review the patient’s complete chart from a facility to evaluate liability in nursing home fall cases.

When liability is established, the facility may be responsible for the associated pain, the decline in the quality of life, and medical bills related to treatment.

Call our nursing home negligence attorneys now at (888) 424-5757 (toll-free phone call) or use the on-page contact form to contact us to schedule a free consultation.  Your discussion with our legal team will remain confidential through an attorney-client relationship.

Chicago Nursing Home Abuse Attorneys Experienced With Fall Injury Cases

As with all of our nursing home negligence matters, our experienced Chicago, Illinois nursing home abuse attorneys accept all personal injury cases, elder abuse, and wrongful death lawsuits on a contingency fee basis.

This agreement ensures you do not pay anything until our injury lawyers obtain financial compensation on your behalf. If you suspect nursing home abuse, contact us.

We also offer family members a free case evaluation who have lost a loved one through nursing home abuse, neglect, or lack of medical care. Please don't reveal sensitive information in a voicemail, text message, or contact form.

Our nursing home neglect and medical malpractice law firm practices social distancing to prevent the spread of coronavirus (COVID-19).

Resources:

CDC (Centers for Disease Control and Prevention): Nursing Home Falls

Agency for Healthcare Research and Quality: Falls in Nursing Homes

Falls in the nursing home: are they preventable?

CDC (Caregivers Assistance Guidelines for Dementia Patients


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Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
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Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
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This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
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Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa