Nursing Home Fall Lawyer in Massachusetts

Nursing Home Falls: A Leading Cause of Preventable Injury

Falls are the most common adverse event in nursing home and long-term care facilities, and most are preventable with proper care. When a nursing home resident with identified fall risk falls and sustains a hip fracture, traumatic brain injury, or other serious injury, the question is whether the facility implemented the fall prevention measures required by the resident’s individual care plan and by applicable nursing home regulations. When the answer is no, the facility is liable for the resulting injuries. Attorney Jeffrey C. Lavey represents nursing home fall victims and their families throughout Massachusetts.

Federal and State Nursing Home Fall Prevention Requirements

The federal Nursing Home Reform Act requires that nursing facilities provide each resident with the necessary care and services to attain and maintain the highest practicable physical and mental well-being. Massachusetts Department of Public Health regulations impose additional care standards. Fall prevention is a core component of these requirements: facilities are required to assess every resident’s fall risk upon admission, develop an individualized care plan addressing fall prevention, implement that care plan consistently, and reassess fall risk after any fall occurs. Failure to meet any of these obligations is evidence of negligence.

Common Nursing Home Fall Prevention Failures

• Failure to conduct an adequate initial fall risk assessment
• Failure to develop or implement an individualized fall prevention care plan
• Failure to use appropriate bed rail, chair alarm, or bed alarm systems for high-risk residents
• Failure to ensure that call light systems are accessible and promptly answered
• Inadequate staffing that prevents timely assistance for residents who need help standing or moving
• Failure to document and respond to prior falls that should have prompted increased precautions
• Failure to ensure that assistive devices such as walkers and wheelchairs are properly fitted and available

Documenting Nursing Home Negligence

The evidence in nursing home fall cases comes from the facility’s own records: the initial fall risk assessment, the care plan, nursing notes documenting the resident’s condition, fall incident reports, and staffing records showing available staff on the day and shift when the fall occurred. Attorney Lavey obtains all of these records promptly and, where appropriate, has them reviewed by an expert nursing care consultant who can evaluate whether the care provided met the applicable standard.

Compensation for Nursing Home Fall Victims

Nursing home fall cases can support claims for all medical expenses caused by the fall-related injury, all rehabilitation and recovery costs, any additional nursing home or care costs resulting from the injury, pain and suffering, and in cases where the fall contributed to the resident’s death, wrongful death damages for the family. Massachusetts also allows elder abuse and neglect claims when the conduct meets that standard. Attorney Lavey pursues every available theory of recovery in nursing home fall cases.

Frequently Asked Questions