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Nursing homes and similar facilities are by nature inherently risky places for falls and fall-related injuries. Many residents of these facilities are unable to care for themselves and prone to falls due to age and other health concerns.
The Centers for Medicare and Medicaid Services recently reported that 16.6% of nursing home residents fell after initial admission to a facility or following their last functional assessment at a facility. Approximately one-third of these falls resulted in injury.
If your loved one suffered a nursing home or elder care facility fall, the dedicated Phoenix nursing home falls attorneys at Knapp & Roberts want to help. We hold negligent facilities responsible for resident falls.
At Knapp & Roberts, our nursing home falls attorneys take immediate legal action to build strong cases against nursing home staff and facilities which are at fault for resident injuries. We are experienced in all areas of Phoenix elder neglect and elder abuse and are:
To meet with a nursing home falls professional for a no-cost claim evaluation, call Knapp & Roberts. We are recognized in our field and proven advocates for the injured.
Nursing homes are required to follow legal mandates and regulations governing patient care. When facilities neglect or ignore these protocols, falls and injuries occur. Facilities are rarely ready to admit fault for resident injuries and have large legal defense teams to protect them from liability.
At Knapp & Roberts, our nursing home falls attorneys have the resources and knowledge necessary to take on large facilities and their insurance defense teams. We pursue fall claims for victims and their families from start to finish, handling all of the following and more:
Nursing home fall cases are complex and time-consuming, and evidence disappears over time. Do not hesitate to reach out to Knapp & Roberts today and schedule your confidential consultation.
For residents in Phoenix or Maricopa County, damages for fall injuries in a nursing home can be sought under Arizona’s Adult Protective Services Act (APSA). APSA allows recovery of actual, consequential, and punitive damages for negligence, as well as the costs of the suit and reasonable attorneys’ fees.
If a facility is subject to the federal Nursing Home Reform Act (NHRA), violations of that act’s standards of care may also establish neglect or negligence.
Elderly residents may have any of the following medical issues making a fall more likely to occur:
Facility staffing and promptness of the response to residents’ calls for assistance may also contribute to the risk of falling. For example, if a resident with bladder urgency calls for help and help does not come promptly, that resident may try to reach the bathroom without help. This may prompt a fall anywhere on the trip to and from the bathroom.
Phoenix nursing homes and similar facilities often defend claims for falling injuries by claiming:
However, falling is a recognized problem for the elderly, sick, and injured, and the physics of falling has been studied extensively.
Researchers have also spent considerable time analyzing:
If a facility claims ignorance of a falling risk, their claim may well indicate unqualified or inadequately trained staff or failures in staff communication. A Phoenix nursing home falls attorney can help identify any negligence that precipitated a fall.
The most common injuries from nursing home falls are bone fractures and soft tissue injuries. However, head injuries are frequently suffered. According to the Centers for Disease Control (CDC), approximately one in five falls result in a serious injury such as a broken bone or head injury. Head injuries may cause permanent reductions in brain function or even a wrongful death. Falling also results in psychological consequences such as:
These injuries may be exacerbated by the facility’s failure to take steps to minimize the consequences of falling in those patients known to be at considerable risk. For example, residents at a high risk for falling could be given beds lower to the floor, shoes and support clothing that increases balance, and soft floor coverings in the areas they most commonly traverse.
Nursing home responsibility for falls can be traced back to intentional actions or failure to act to prevent resident falls.
Nursing homes should do the following and more to prevent a resident from falling:
Staff should also report any situations that are questionable or bring potential risks to the attention of facility management immediately.
Contact an experienced Phoenix nursing home falls attorney now if you or your loved one suffered a nursing home fall due to the negligence or inattention of facility staff or management. This will start the process of holding the facility accountable for its wrongdoing.
At the law firm of Knapp & Roberts, our nursing home falls attorneys are successful at negotiating and trying fall cases. Call our nursing home falls professionals today. We are committed to justice for you, and there is never a charge for an initial consultation.
The personal injury attorneys in Phoenix, Arizona, at Knapp & Roberts have the compassion and trial lawyer skills to tell your story to a jury. We will get to know you and your family so that we can help the jury understand what has happened to you and your family and how it has changed your lives. Obtain the compensation necessary for the injuries and losses you have suffered.
