Baltimore Nursing Home Falling Incidents Lawyer
Falls are one of the most common injuries suffered in a nursing home, and they form the basis of many lawsuits filed against these facilities. Nursing homes regularly ignore the extreme risk to seniors, or they fail to implement a fall risk protocol. In many cases, this protocol is in place, but staff members simply ignore it. This is extremely dangerous. One-third of nursing home residents that are involved in a slip and fall accident die within one year.
Although not all falls in nursing homes are preventable, many of them are due to negligence on the part of the facility or its staff members. When that is the case, family members of injured seniors must speak to a Baltimore nursing home falling incidents lawyer that can help.
Obligations of Nursing Homes
Nursing homes have an obligation to provide their residents with adequate care, keep them safe, and treat them with respect. The federal standards for providing this quality care are outlined in the Omnibus Budget Reconciliation Act of 1987, better known as simply OBRA. Maryland law on nursing homes largely mirrors the standards in OBRA.
OBRA requires nursing homes to fully evaluate a patient’s condition, their functioning capacity, and individual needs every time a new patient is admitted to the home. This assessment must include a patient’s risk for falling. When the resident is found to be at high risk for falling, a unique and individualized strategy must be established for that patient.
Nursing homes sometimes neglect to create the right fall prevention protocol for their patients. Even more often, a nursing home will not reevaluate the resident when necessary so a new strategy can be created. Every staff member of every nursing home must be able to identify the falling risks to seniors, work to mitigate those risks, and provide proper supervision and assistance to prevent falls when possible.
Filing a Nursing Home Neglect Lawsuit
Any time a person slips and falls in a nursing home, their loved ones may think that they must file a slip and fall claim. However, slip and fall claims typically have smaller awards for compensation than claims that focus on nursing home abuse or neglect.
The courts find it particularly reckless when a nursing home violates safety regulations and does not provide proper care for their residents. As such, they are likely to award more compensation in nursing home abuse or neglect cases. The insurance companies know this and so, when negotiating with them, a lawyer can typically secure larger settlement offers.
Our Baltimore Nursing Home Abuse Lawyers can Help with Your Claim
If your loved one has been in a slip and fall accident in a nursing home and is now suffering from serious injuries, they may be entitled to compensation. These claims are complex, however, as they involve various federal and state safety standards and dealing with the large insurance companies of the nursing home. Our Baltimore nursing home abuse lawyers at Iamele & Iamele, LLP, have the necessary experience to help you file these claims and we can successfully secure the compensation you need. Call us today at (410) 779-6160 to arrange a free consultation with one of our attorneys so we can start reviewing your case.