Phoenix Nursing Home Falls Lawyers

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  Unexplained bruising: Bruising on the hips, shoulders, arms, or head that was not present during your last visit deserves a direct explanation from staff.
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  New pain or complaints of soreness: A resident who suddenly guards one side of their body, winces when moved, or repeatedly points to a hip, back, or shoulder may have an undiagnosed injury.
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  A change in the way they walk or move: Sudden reluctance to stand, a new limp, or a refusal to bear weight on one leg are common signs of an undetected fracture.
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  Increased confusion or agitation:  Sudden cognitive changes can be a sign of a concussion, an undiagnosed head injury, or the psychological aftermath of a frightening fall.
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  Torn or soiled clothing: Evidence that a resident was on the floor before being helped back to bed.
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  Cuts, abrasions, or swelling: Any wound that staff cannot clearly explain warrants follow-up.

Despite this, the federal government recently found that more than 43% of nursing home falls were unreported by facilities.

If the facility cannot produce coherent records, that failure is itself evidence worth preserving.

• Staff give different explanations on different visits
• The incident report was not filed until days after the event
• Staff cannot tell you which employees were on duty when the fall happened
• The explanation changes when you ask specific follow-up questions
• You are told “we’re not sure how it happened” for what appears to be a significant injury
• Documentation of the fall is missing from the records you request

Nursing homes in Arizona and across the country are required under federal law (42 C.F.R. § 483.25) to maintain an environment that is as free from accident hazards as possible and to provide each resident with adequate supervision and assistance to prevent accidents.

A facility may be liable if it failed to:

• Properly assessed your loved one’s individual fall risk
• Developed and followed a care plan tailored to that risk
• Provided adequate staffing to implement the care plan
• Responded appropriately after a fall to prevent the next one
• Monitored your loved one for delayed injuries in the hours and days after a fall

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  Incident reports to see whether the event was documented accurately, promptly, and by the right staff member
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  Fall-risk assessments to determine whether the resident had already been identified as high risk
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  Care plans to see whether the facility put the right precautions in place and updated them after prior falls or changes in condition
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  Medication records to identify drugs, dosage changes, or combinations that may have increased fall risk
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  Staffing logs to evaluate whether there were enough staff members on duty to meet the residents needs
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  Call-light records to determine whether requests for help were delayed or ignored
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  Neurological monitoring notes to see whether the resident received proper 72-hour post-fall monitoring
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  Witness interviews with staff, residents, and family members who may have relevant information
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  Photographs of the resident’s injuries, the room, and any hazards that may have contributed to the fall
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  Hospital records to connect the fall to fractures, head injuries, surgery, hospitalization, or later decline

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  Medical expenses, including emergency care, hospitalization, surgery, rehabilitation, and treatment related to fall-related decline
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  Pain and suffering, including physical pain, emotional distress, and loss of quality of life
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  Punitive damages in cases involving extreme neglect or a serious disregard for resident safety
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  Increased care needs when the resident requires a higher level of assistance after the fall
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  Wrongful death damages if the fall and resulting complications contributed to the resident’s death