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Nursing Home Falls & Brain Injuries: Can You File a Lawsuit?

CT scan of the human brain.

A nursing home neglect lawyer can explain your legal options.

Many times, preventable injuries in Georgia nursing facilities occur due to nursing home neglect. Some of the most severe and potentially fatal injuries older adults sustain in nursing homes are head and brain injuries caused by falls.

So, just how common are brain injuries in nursing homes as a result of falls, and can you take legal action against a nursing facility if your loved one was injured as a result of neglect? The attorneys at Kurle Justus, LLC in Decatur explain.

Head injuries in nursing homes

Head injuries in nursing homes are alarmingly common, largely due to fall accidents. Data from the National Floor Safety Institute, drawing on statistics compiled by the Centers for Disease Control and Prevention (CDC), reveals that each year, an average of more than 60% of nursing home residents experience a fall, leading to various injuries.

For older adults, the risk is particularly high. Falls stand among the top causes of fatalities among those aged 70 and older. Moreover, for individuals over 75, these incidents account for 67% of all deadly falls.

Brain injuries in nursing homes

Brain injuries in nursing homes are unfortunately very common, with 60% of head injuries among residents resulting from fall accidents, as noted in research. The CDC lists falls as the predominant cause of traumatic brain injuries (TBIs) across all age groups, with nearly half of all TBI-related hospitalizations stemming from such accidents.

Older adults, who represent a significant portion of the nursing home population, are particularly susceptible to brain injuries from falls. The CDC's data on traumatic brain injuries indicates that adults over the age of 75 account for 32% of all brain injury hospitalizations and fatalities.

Common causes of falls in nursing facilities

Falls in nursing homes occur under a variety of circumstances. Here's a look at how these falls typically happen:

  • Many nursing home residents face difficulties with walking or moving independently due to age, medical conditions, or the side effects of medication, making them more prone to falls.
  • Slippery floors, inadequate lighting, improperly fitted or maintained mobility aids, and cluttered walkways are common environmental factors that contribute to falls within these facilities.
  • Conditions like dementia or Alzheimer's can impair a resident's balance or spatial awareness, increasing the risk of accidental falls.
  • Certain medications can cause dizziness, dehydration, or confusion, heightening the risk of falling for the elderly.
  • A lack of sufficient staff can lead to inadequate supervision and assistance for residents who require help with mobility and daily activities, which can lead to falls.
  • Falls can also occur during the transfer of residents from beds to chairs or to and from bathrooms, especially if staff are not properly trained in safe transfer techniques.

Understanding the various ways falls can occur in nursing homes underscores the importance of comprehensive prevention strategies, including environmental adjustments, staff training, and personalized care plans to safeguard the well-being of residents and minimize the risk of head and brain injuries.

Taking legal action against a negligent nursing home

Filing a lawsuit against a nursing home for a brain injury is a critical step toward seeking justice and compensation for the harm suffered by your loved one. It not only holds the facility accountable for its actions or negligence but also highlights the importance of maintaining high standards of care for all nursing home residents.

A lawsuit can be filed if the brain injury resulted from negligence or abuse within the nursing home. This could include inadequate staffing, poor training, environmental hazards, or failure to provide necessary medical care.

However, building a strong case against the facility requires comprehensive evidence. This includes medical records detailing the extent of the brain injury, documentation of the conditions within the nursing home at the time of the incident, witness statements, and any previous complaints or violations by the facility.

It's also crucial to be aware of the time frame within which you must file your lawsuit, as defined by Georgia's statute of limitations. Failing to file within this period can result in the loss of the right to seek compensation.

Contact Kurle Justus, LLC for help

Pursuing a lawsuit against a nursing home involves navigating complex legal and medical issues. Partnering with an experienced attorney who understands brain injuries and nursing home law is essential. Compensation in such cases may cover medical expenses, rehabilitation costs, pain and suffering, and other related expenses

At Kurle Justus, LLC, our nursing home negligence attorneys have years of experience handling complicated legal cases in Georgia. We know the state and federal laws that apply to nursing homes, and we can help fight for the justice and accountability your loved one deserves.

Don't let your loved one suffer in silence. Contact us today for a free consultation.

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