How Can I Prove My Parent’s Fall Was the Nursing Home’s Fault?
Falls in nursing homes are a leading cause of serious injuries for elderly residents. Many falls are preventable if facilities follow proper safety standards. If your parent fell and got hurt in a nursing home, you may be wondering what options you have for holding someone accountable. If you suspect negligence contributed to your loved one’s injury, talk to a Decatur, IL nursing home neglect lawyer about your case.
Why Do Residents Fall in Nursing Homes?
Residents can easily fall down when a facility does not provide them with proper care. If there is not enough staff to supervise residents, elderly residents can end up falling in situations where they would otherwise be safe. Missing handrails, grab bars, or bright enough lights can also cause people to trip, slip, or fall down.
Certain residents who are at risk of falling should have care plans. If these are not paid close attention to, this can also cause falls. Of course, if hazards like slippery or broken floors are left unrepaired, that can also lead to injuries. All of these situations are preventable, and when ignored, they can lead to serious injuries.
Under the Illinois Nursing Home Care Act (210 ILCS 45), nursing homes must provide safe care and protect residents from avoidable harm. When a facility ignores these duties, it may be responsible for injuries.
What Evidence Do I Need to Prove a Nursing Home Was Negligent?
Families and attorneys need strong evidence to show that the nursing home is at fault. This can include:
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Medical records
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The nursing home’s internal reports
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Witness statements from staff or other residents
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Staff schedules showing understaffing
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Security camera footage
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Expert testimony on fall-prevention practices
Families can also help by keeping their own notes, saving communications with staff, and taking photos of unsafe conditions.
How Do Courts Decide if a Nursing Home Is Liable for a Fall?
Illinois courts look at whether the nursing home acted reasonably to prevent falls. Facilities are expected to assess each resident’s fall risk, create a care plan, and provide support. If the nursing home failed to take these steps, the court may find it liable for a resulting injury. Courts may also look to federal standards under the Nursing Home Reform Act, which requires facilities to keep their facilities safe.
In Illinois, if a nursing home is found liable for a fall, certain relatives can file a personal injury claim. These lawsuits may allow recovery for the costs of medical care and rehabilitation, pain and suffering, and emotional distress. If the injuries from the fall were fatal, the family can also pursue wrongful death damages. Proving fault can be challenging, but an experienced attorney can uncover the truth and build a case for compensation.
Contact a Decatur, IL Nursing Home Fall Injury Lawyer
If your parent fell and was hurt in a nursing home, you may be able to prove the facility was responsible and pursue compensation. At Kanoski Bresney, our attorneys bring more than 100 years of combined experience to these cases, and we offer free consultations. Contact a Peoria, IL nursing home injury attorney today at 888-826-8682 to learn how we can protect your family’s rights and hold negligent facilities accountable.