When the decision is made to place a loved one in a nursing home or assisted care facility (ALF), it involves much contemplation and investigation in order to ensure that the new home is safe and secure and meets all of the physical and emotional needs of the person who will be living there. When the negligence of the facility administration or staff leads to a terrible accident, the physical and psychological consequences to your loved one is traumatic.
Unfortunately, accidents where residents fall in South Florida nursing homes are all-too-common. The dedicated and knowledgeable Miami premises liability attorneys at Greenberg Stone and Urbano have more than 120 years of collective experience in understanding how to gather the necessary information to show whose negligence was responsible for the harm suffered by your loved one. We have represented hundreds of slip and fall victims, trip and fall victims and those who have fallen at nursing homes who did not follow established fall prevention protocols.. We have recovered millions of dollars for these victims.
In a nursing home, there are many different hazards that can lead to a slip and fall injury, including:
• Obstacles and clutter in the walkways and common areas;
• Poor lighting that obscures the clear path of the resident, including exits;
• Damaged floors that pose tripping hazards;
• Loose or bulging carpeting;
• Floors that are wet or slippery from applied water, cleaning, or polishing products;
• Improper use of medications that create a situation where the patient is moving around the facility without full clarity or consciousness;
• Using bedrails and other restraints improperly or not at all which are intended to keep residents safely in bed or confined to a chair;
• Failing to have the proper staff necessary to transfer the patient to or from the bed or a chair;
• Failure to train the staff to a sufficient level to move the patients safely;
• Defective wheelchairs or other chairs;
• Negligent supervision of the patients, facilitating the creation of a dangerous situation;
• Poor medical treatment, leading to muscle weakness, foot soreness, or other physical conditions that lead to an increased risk of falls ands tragically to ulcers which can become infected and life threatening.;
• Insufficient staff numbers, leading to unanswered resident calls for assistance, which prompts patients to attempt to get up and move around on their own; or • Any other facility actions that increase the risk of falls in residents.
There should be precautions in place to prevent nursing home falls. When each resident first arrives at the facility, there should be a detailed review of medical records and an interview with the new resident, if at all possible. The outcome of this thorough analysis should be a comprehensive care plan that outlines any potential problems and details the care that the patient should receive. This should include whether there is a history of falls, any medical conditions that would contribute to increased risk of falls, and what accommodations should be made to maintain the safety of the resident. Most importantly, each and every member of the nursing home staff should have these records within reach and be ready to review them at a moments notice.
When putting together a case against a nursing home, experienced premises liability and nursing home lawyers will investigate:
- The specific facts leading to the injury;
The extent of the victim's injuries;
Who witnessed the incident;
Whether the nursing home or assisted living facility was maintained in the proper manner;
Whether the facility conducted the proper intake investigation and completed a risk assessment;
Whether the administration and staff adhered to the care plan;
Whether the staff updated the care plan as needed;
The resident's medical records and any other documents relating to the mental and physical health of the victim;
Whether the patient was under a physician's direct care for the use of chemical or physical restraints;
Whether the patient was taking medications that increased the risk of a fall; or Any other factors that contributed to the likelihood of a fall.
Greenberg Stone and Urbano Represents Slip and Fall Victims
When a loved one has been injured in a slip and fall or trip and fall accident, it may be difficult to know where to turn to get the legal help that you need. The South Florida premises liability attorneys at Greenberg Stone and Urbano will work hard to get you the results that you need. With more than thirty years of experience, our firm has the skill and dedication to get nursing home slip and fall victims the money that they need to pay expenses and compensate them for their pain and suffering. Our commitment to getting the best results for clients has led to an AV rating from Martindale Hubbell, an invitation to join the prestigious legal society, Primerus, and a top-rated South Florida Law firm vote by the Miami Herald. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to discuss what happened to you or your loved one.