Falls and Fractures in Florida Nursing Homes, Assisted Living Facilities, Group Homes, &
Adult Day Care Centers
What Constitutes a “Fall”?
According to the Centers for Medicare and Medicaid Services (“CMS”), a fall is defined as any event where a resident is found on the floor, regardless of whether or not anyone witnessed how the resident came to the floor. If a resident ends up on the floor and there’s no clear explanation, it is presumed to be a fall.
Common Injuries from Falls
Falls can cause devastating injuries for elderly or disabled residents, including:
-
Hip fractures
-
Broken femurs
-
Ankle and wrist fractures
-
Spinal cord injuries
-
Head trauma and brain bleeds
-
Lacerations and soft tissue injuries
Many of these require surgery or hospitalization and can permanently reduce quality of life.
Complications that May Follow a Fall
Oftentimes, many elderly residents in nursing homes and assisted living facilities are too frail to undergo surgical intervention, thereby forcing them to live their remaining days suffering in excruciating pain. For individuals who are believed to be capable of handling surgery, including those in group homes, recovery is often slow; and, many times, disabled individuals never return to their prior level of function and ability to enjoy life.
Falls can also lead to a downward spiral, resulting in a "failure to thrive". Residents and/or disabled individuals who were previously mobile may become immobile, thereby increasing depression and loneliness. Those unwilling to accept this newfound immobility may attempt to walk again, only to fall a second time, worsening the original injury and causing new or exacerbated injuries.
Most Falls are Preventable
While not every fall can be avoided, most falls occur because staff ignore or inconsistently follow basic safety protocols. Upon admission, nursing homes and assisted living facilities are expected to perform a fall risk assessment that considers a resident’s mental status, fall history, mobility, vision, gait, balance, continence, medications, blood pressure, and underlying conditions such as Parkinson’s disease, Alzheimer’s, stroke, vertigo, hypotension, arthritis, or osteoporosis.
Based on these risk factors, the facility must assign a fall risk score and create an individualized care plan to reduce fall risk. That plan must be reviewed and updated regularly, especially after a fall or change in condition, and the interventions outlined must be carried out in a timely, consistent manner. When facilities fail to implement or follow through on these safety measures, preventable injuries happen. These are not just oversights, they are signs of neglect.
What Should Happen After a Fall
After the fall, the facility should conduct a “post-fall” assessment to determine what medical and/or nursing interventions might be necessary. This may include, but not be limited to, a neurological assessment, a head-to-toe skin check for signs and symptoms of bruises that might identify the location of further injuries, assessing for signs and symptoms of pain in the lower and upper extremities, and taking the resident’s vitals. A “post-fall” assessment should have regular follow-ups. In consultation with the resident’s physician, the facility must also determine whether X-rays are warranted and whether the resident should be transferred to the hospital for a higher level of care. In addition, the facility should investigate the circumstances surrounding the fall and make the necessary care plan updates and associated care adjustments.
Contact FIDJ for a Free Case Review
If you or a loved one suffered a fall and sustained an injury at a nursing home, assisted living facility, group home, or adult day care center, contact the experienced attorneys at FIDJ for a FREE case review.
*The information contained herein is not medical advice.
Frequently Asked Questions Regarding Falls and Fractures
Can facilities be held responsible when a resident falls?
Yes. Most falls are preventable with proper assessments, supervision, and safety measures. Facilities are required to assess each resident’s fall risk, implement safety precautions, and update care plans after any change in condition. When staff fail to assist with transfers, ignore call lights, remove safety devices, or leave high-risk residents unsupervised, the resulting injuries are considered preventable and legally actionable.
As a result, nursing homes, assisted living facilities, and group homes can be held responsible when a resident falls and suffers an injury such as a fracture or subdural hematoma.
What are the most common injuries from falls?
Falls often cause hip fractures, broken femurs, wrist and ankle fractures, head injuries, spinal trauma, and subdural hematomas. These injuries are particularly dangerous for elderly or medically fragile residents. Older residents often cannot safely undergo surgery or anesthesia due to frailty or preexisting medical conditions such as heart disease, diabetes, or respiratory issues. As a result, they may be left to live their remaining days in chronic pain and immobility, often bedridden and dependent on others for all aspects of care. Many times, this is the beginning of a downward spiral or "failure to thrive" that leads to an untimely death. Even those healthy enough for surgery face long, difficult recoveries and a dramatically reduced quality of life.
How do I know if my loved one fell because of nursing home, assisted living facility, group home, or adult day care center abuse and/or neglect?
Most falls in long-term care settings are preventable. Facilities have a duty to assess resident fall risk, supervise residents, and take reasonable steps to prevent injuries. When they don’t, whether by ignoring safety precautions, leaving residents unattended, or failing to follow care plans, the facility is responsible. In short, if there’s something the facility could have and should have done to prevent the fall, and they didn’t do it, the facility may be responsible.
What should happen after a fall?
After a fall, staff should perform an immediate post-fall assessment, including checking for head injuries, taking vital signs, assessing pain and mobility, and performing a full-body skin inspection. The resident’s physician and family must be notified, and diagnostic tests or a hospital transfer should be coordinated, if needed. The facility must also investigate how the fall occurred and update the care plan to prevent recurrence.
What rights do Florida nursing home, assisted living facility, or group home residents have if a resident falls due to neglect?
Residents in long-term care facilities, including nursing homes, assisted living facilities, and group homes, are afforded legal rights. For nursing home residents, these rights can be found at Fla. Stat. § 400.022. For assisted living facility residents, these rights can be found at Fla. Stat. § 429.28. For group home residents, these rights can be found at Fla. Stat. § 393.13. Among others, these laws serve as the foundation to pursue claims against nursing homes, assisted living facilities, and group homes when these facilities cause preventable harm, including falls with injuries.
What compensation can a resident recover in a Florida fall case?
When a resident falls and sustains an injury, damages can include economic damages (e.g., medical expenses, including those covered by third party payor sources like Medicare or Medicaid), along with non-economic damages (e.g., pain and suffering, mental anguish, emotional distress, loss of dignity, loss of independence, loss of the enjoyment of life, disfigurement, and disability). In cases of reckless conduct by the nursing home, assisted living facility, or group home, punitive damages may also be available. These types of damages are designed to punish the facility, in addition to the economic and non-economic damages.
How long do I have to file a lawsuit for a fall caused by Florida nursing home, assisted living facility, or group home abuse and/or neglect in Florida?
Florida’s statute of limitations for nursing home, assisted living facility, and group home abuse and neglect cases is generally two years from when the injury is discovered, but specific circumstances may extend this period. It’s important to speak with an attorney as soon as possible. For more information about statutes of limitation, check out our blog titled, "The Deadline to File a Florida Nursing Home, Assisted Living Facility, Group Home, or Adult Day Care Center Abuse or Neglect Case".
Why should I hire a Florida lawyer experienced in falls and associated injuries?
Fall cases require attorneys who understand both the medical complexities and the unique Florida laws that protect residents of nursing homes, assisted living facilities, and group homes. A skilled lawyer can obtain medical records, work with orthopedic and related medical and nursing experts, and trace how the facility’s failures led to the resident's injuries. This experience is critical to proving liability, building a strong case, and securing full compensation for the injured resident.
They failed. Now, it's time to
Demand
Check out our latest blogs...
We Proudly Represent Clients In and Around These Major Florida Cities
Miami, Fort Lauderdale, West Palm Beach, Orlando, Tampa, Jacksonville, Sarasota, Naples, Fort Myers, Boca Raton, Hollywood, Lakeland, Ocala, Pensacola, Gainesville, St. Petersburg, Clearwater, Port St. Lucie, Melbourne, Tallahassee, Kissimmee, Cape Coral, Coral Springs, Vero Beach, St. Augustine, Port Charlotte, Panama City
...and these Florida regions
.png){kind=small}
South Florida, Central Florida, North Florida, the Gulf Coast, Treasure Coast, Space Coast, the Panhandle, the Keys, Suncoast, Nature Coast, Big Bend, Emerald Coast, and First Coast.
What that Means
If you are searching for a "nursing home abuse lawyer near me", an "assisted living facility abuse lawyer near me", a "group home abuse lawyer near me", or an "adult day care center abuse lawyer near me", FIDJ has you covered.
Do you need an attorney who handles cases near you or your loved one? Our attorneys handle cases involving nursing home abuse and neglect, assisted living facility abuse and neglect, group home abuse and neglect, and adult day care center abuse and neglect in the following Florida counties: Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, Washington.