Nursing homes are meant to provide safe, supportive environments for elderly residents. When families place their loved ones in these facilities, they expect exceptional care, and nothing less. However, accidents happen. Falls remain one of the most frequent and serious injuries in these facilities across Illinois. These incidents can lead to broken bones, head injuries, and even death, causing distress for family members and raising questions about the care provided.
In 2023, the Illinois Department of Public Health reported that falls are the leading cause of injury-related deaths among individuals over 65. Many of these occur in long-term care facilities. When a resident falls, families want answers, especially if the injury could have been prevented.
For anyone with loved ones in a nursing home, understanding how to prove negligence in these situations involving neglect, or physical and mental abuse is crucial if the victim suffered serious injuries from a fall. Knowing what steps to take can be the difference between accountability and unanswered questions.
In this post, we will explore everything families need to know about nursing home falls.
TL;DR
- Falls are a leading cause of injury and death in Illinois nursing homes.
- Proving negligence in nursing home falls requires evidence that the facility failed to provide adequate care or safety.
- Key steps in a nursing home fall lawsuit include gathering medical records, incident reports, witness statements, and other documentation.
- Common causes include understaffing, inadequate supervision, and unsafe conditions.
- Legal action must be taken within Illinois’ statute of limitations (two years).
- Consulting an experienced Chicago nursing home abuse lawyer can greatly improve your chances of holding the facility accountable and securing compensation.
How Common Are Nursing Home Falls?
Falls happen in nursing homes more often than many assume, both in Illinois and across the Midwest. According to the Centers for Disease Control and Prevention (CDC), about 1,800 older adults die each year from falls in nursing homes, with around half of nursing home residents experiencing a fall annually.
These statistics showcase how prevalent and serious the problem is within long-term care settings. Preventing falls is a major focus for both state and federal regulators, given the risks and frequency involved.
Slip and Fall Injury Concerns in Nursing Homes
There are many, many factors that make falls more likely in nursing homes. For one, nursing home residents may have mobility issues, muscle weakness, or take medications that increase their risk. Additional risk factors can include vision problems, cognitive impairment, and unfamiliarity with new surroundings.
In addition to this, common contributors to falls in nursing homes include (but are not limited to):
- Poor lighting in hallways or rooms
- Cluttered walkways or obstacles
- Inadequate use of assistive devices (like canes or walkers)
- Unstable furniture or loose rugs
Facilities are expected to have safeguards in place, like handrails, proper lighting, and non-slip flooring. When these precautions are lacking, residents face greater risks.
Proper staff training and routine inspections are key to identifying and addressing these hazards quickly, before disaster strikes. Facilities should have clear protocols for cleaning up spills and maintaining safe walkways at all times. Failure to enforce these safety measures increases the risk of preventable falls and potential legal liability for the nursing home.
How Nursing Home Abuse Relates to Falls
Abuse and neglect commonly play a role in preventable falls.
In some cases, staff may not provide the assistance residents need. Now, it’s important to note that falls are not always due to negligent or careless nursing home staff. Understaffing is a serious issue in the industry.
A 2024 report by the American Healthcare Association surveyed 441 nursing facilities – and found that more than 70 percent of facilities reported staffing shortages compared to pre-COVID staffing levels.
With fewer caregivers on duty, residents may attempt to move alone, increasing the risk of falls.
Legal Standards for Proving Negligence in Nursing Home Falls
To hold a nursing home legally responsible after a fall, you will need to show that the facility’s negligence caused the injury. In Illinois, negligence means that the home did not meet the standard of care owed to a resident.
Duty of Care
Nursing homes have a legal and ethical obligation to provide safety and well-being to their residents.
This includes providing appropriate supervision, assistance with daily activities, and maintaining a hazard-free environment. The duty of care also extends to developing individualized care plans that address each resident’s risks, like fall prevention strategies for those with mobility issues. Failing to recognize these needs or to implement standard precautions can constitute a breach of this duty in nursing home abuse cases.
Breach of Duty
A breach of duty happens when a nursing home fails to uphold the standards expected in resident care.
This could mean neglecting to fix known hazards, not responding to call lights promptly, or ignoring established fall prevention protocols. For example, if a staff member fails to assist a resident who is known to need help with walking, or if safety equipment like bed rails is not used appropriately, these actions (or inactions) can demonstrate a clear breach of the required duty of care.
Causation
To establish causation, you will need to show that the breach of duty directly led to the resident’s fall and resulting injury.
The process of proving causation commonly requires you to demonstrate a clear link between the facility’s negligence and the harm suffered. For instance, if a resident fell because a wet floor was left unattended, and staff failed to warn or assist, this can form the basis for proving causation. Medical records, incident reports, and witness statements often play a crucial role in confirming this connection.
Damages
Damages refer to the actual losses and harm suffered by the resident as a result of the fall.
These damages typically refer to the injuries and costs suffered by the victim and their families, including (but not limited to):
- Medical treatment expenses
- Future treatment/ongoing care
- Emotional distress
- Reduced quality of life
When holding negligent nursing homes accountable, having accurate documentation of hospital bills, therapy costs, and changes in the resident’s health status is everything. Demonstrating the full scope of damages helps to show the full picture and is instrumental in earning appropriate compensation if nursing home negligence caused the fall.
Examples of Common Nursing Home Negligence Claims
Negligence in nursing home falls commonly happens due to situations like:
- Staff failing to help with mobility when needed
- Ignoring call lights or requests for help
- Inadequate checks for hazards like wet floors
- Poor supervision or monitoring, especially for residents known to be at risk for falls
- Failure to provide or maintain proper assistive devices such as walkers or wheelchairs
- Not developing or updating individualized fall prevention plans
- Lack of staff training on fall prevention and emergency response
- Allowing clutter or obstacles to accumulate in walkways
- Not assessing medication side effects that may increase fall risk
If a pattern of similar incidents exists or inspections show repeated safety violations, this strengthens the argument that negligence is the cause.
Gathering Evidence for a Nursing Home Lawsuit
Proving negligence requires solid evidence. Right after a fall, it’s important to collect as much information as possible. This may include taking photos of the scene and any visible injuries. Promptly documenting your observations and conversations with staff can also help strengthen your case.
Here are the main pieces of evidence you’ll likely need to collect:
Medical Records and Incident Reports
You – commonly with the help of a nursing home injury lawyer – may need to gather all available medical records related to the injury, including assessments done before and after the fall. Nursing homes are required to keep incident reports when injuries occur. Request these documents as soon as possible.
These reports can show a timeline and whether the response was appropriate.
Witness Statements and Video Footage
If any staff or other residents saw the fall, written statements can clarify what happened. Many facilities these days use video cameras in hallways and communal spaces. Ask the facility to preserve any relevant footage, as it can be key evidence showing conditions and staff response.
In local cases, families have used photos of unsafe areas and daily care logs to help prove their claims. Keep a detailed record of communication with the facility and document any changes in the resident’s condition after the fall.
Staffing Records and Schedules
Review the staffing schedules and records for the day of the incident. These records can show whether enough staff were present to provide adequate care and attention at the time of the fall. Understaffing or a lack of proper supervision can potentially support a claim of negligence.
Compare staffing levels to state regulations or facility policies to determine if there were any violations. Patterns of chronic understaffing in records from prior days or weeks can also strengthen evidence of systemic nursing home neglect.
Maintenance and Inspection Logs
Request maintenance logs and safety inspection records for the facility. These documents may reveal if there were known hazards (like broken handrails, wet floors, or poor lighting) that were not addressed. Regular inspection reports can demonstrate whether the nursing home fulfilled its duty to maintain a safe environment.
Care Plans and Risk Assessments
Request copies of the resident’s care plan and any fall risk assessments completed by the nursing home. These documents outline the specific precautions and assistance the resident was supposed to receive. Inconsistencies or lack of updates in these plans may indicate neglect or failure to provide necessary care.
Steps in Personal Injury Litigation for Nursing Home Falls
Bringing a successful claim for a nursing home fall involves several distinct steps.
- Investigation and Evidence Gathering
Before filing a lawsuit, collect all relevant information about the fall. This includes medical records, incident reports, witness statements, photographs of the scene, and any video footage. Thorough documentation of injuries and conditions in the facility is vital to building a strong case.
- Filing the Complaint
Most claims begin with a complaint filed in civil court. It’s very important that this filing includes precise details, like when and where the fall took place, what led to it, and how the facility may have contributed. Including as much information as possible at this stage can strengthen your case with a thorough investigation.
- Discovery Process
After the claim is filed, both parties engage in discovery. This process involves exchanging evidence, taking depositions from staff and witnesses, and reviewing facility policies or inspection records. Discovery helps clarify the facts and often uncovers additional details about the facility’s practices.
It’s strongly recommended to work with an experience nursing home injury lawyer during the process. Nursing homes have insurance companies working with them to minimize injury claims. Without an attorney, managing the negotiation process will be extremely difficult – and could be near impossible to earn a rightful resolution.
- Settlement Negotiations and Trial
Many nursing home negligence cases are resolved through settlement discussions. Attorneys may negotiate compensation with the facility or its insurers. Settlements can save time and reduce the emotional stress of litigation for families.
However, if a fair agreement isn’t reached, your nursing home injury attorney may recommend taking the case to trial with a nursing home fall lawsuit, where a judge or jury determines liability and damages.
Trials can be lengthy, but they may result in higher compensation if negligence is proven through personal injury litigation.
How Nursing Home Negligence Lawyers Prove Nursing Home Negligence
Professional nursing home injury lawyers use a range of tactics to establish a facility’s responsibility for a fall.
For one, they can calculate ALL damages you and your loved one suffered from the accident – including medical costs, future medical care, pain and suffering, reduced quality of life, and more. Without a knowledgeable attorney, it’s easy for victims to miss certain damages (and leave money on the table). If the facility has a history of neglect, your attorney may seek punitive damages to hold the facility accountable and prevent similar accidents in the future.
A lawyer will start by interviewing witnesses, reviewing staff schedules, and inspecting safety records. In some cases, they may pursue claims against multiple parties – like staffing agencies or contractors – if their actions played a part.
Many attorneys work with medical professionals who assess whether the home’s response matched standard care. This thorough approach helps build a clear case for nursing home negligence. Expert witnesses can be key in explaining how the facility’s actions (or inaction) led to the fall. This may include testimony from doctors, physical therapists, or nursing experts, who clarify medical details for judges or juries.
Note: Managing a nursing home abuse lawsuit without an experienced lawyer can be very, very difficult.
When to Contact a Chicago Nursing Home Lawyer
Timing is everything for those considering legal action in a nursing home fall accident. Illinois has strict deadlines (two years from the date of the accident), known as statutes of limitations, to file an injury claim. If you suspect negligence or physical abuse after a fall, contact a qualified Chicago nursing home lawyer as soon as possible.
It’s strongly recommended to seek legal advice if:
- Staff offer inconsistent or unclear explanations about how the fall occurred
- The facility delays or withholds incident reports or medical information
- Your loved one suffered a serious injury, resulting in hospitalization or death
- You notice evidence of ongoing safety hazards, abuse, or neglect
If you have questions, the Illinois Department of Public Health and the Long-Term Care Ombudsman Program can also offer support and guidance.
Understanding how to prove negligence after a nursing home fall is essential for affected families in Illinois. Falls can have life-changing consequences, but action backed by clear evidence can lead to accountability and prevent further harm.
Get a FREE Case Review
If you or your loved one suffers a fall, document the event, gather records, and consider seeking legal counsel. At Midwest Injury Lawyers, we’ve helped hundreds of families achieve justice after a fall due to nursing home abuse and neglect.
We offer FREE consultations to families to understand the situation, determine if you have a valid nursing home fall case, and outline your legal options. Get in touch today to schedule a meeting with a nursing home abuse lawyer.