Falls among nursing home residents are a serious concern, as they can lead to significant injuries and even fatalities, particularly among older adults who may have pre-existing health conditions. In Ohio, nursing homes can be held liable for falls under certain conditions. If your elderly loved one has suffered a fall injury or another form of injury, illness, abuse, or neglect at a nursing home, you should get legal help from a knowledgeable and compassionate Ohio nursing home abuse lawyer.
Legal Basis for Nursing Home Liability in Ohio
In Ohio, nursing homes are legally required to provide a safe living environment for their residents. When a resident falls and suffers injuries, nursing homes may be held liable if their negligence contributed to the incident. This liability is grounded in several legal frameworks, including state statutes, federal regulations, and negligence law. These laws require nursing homes to maintain certain standards of care, and failure to meet these standards can lead to legal liability.
Ohio Revised Code Chapter 3721: Residents’ Bill of Rights
Ohio law, under Chapter 3721 of the Ohio Revised Code (ORC), provides a Residents’ Bill of Rights, which is an important foundation for nursing home liability. This legislation outlines a range of rights that protect nursing home residents, including the right to be free from abuse, neglect, and exploitation. It also includes requirements for the facility to ensure the safety and well-being of its residents. Under this statute, nursing homes must ensure that each resident’s needs are addressed, including medical care, mobility assistance, and supervision.
The Residents’ Bill of Rights stipulates that nursing homes must provide residents with an environment that promotes their physical and mental health, and they must create individualized care plans based on the residents’ specific health needs, which often include fall prevention strategies. If nursing home falls occur due to the facility’s failure to adhere to these guidelines, the victims may have grounds to file a slip and fall lawsuit against the nursing home to recover financial compensation.
Federal Nursing Home Regulations
In addition to state law, nursing homes in Ohio are subject to federal regulations governed by the Centers for Medicare and Medicaid Services (CMS), which set standards for facilities that receive Medicare and Medicaid funding. These regulations are detailed in the Code of Federal Regulations (CFR), primarily in 42 CFR § 483. The CMS regulations require that nursing homes maintain a safe and comfortable environment that minimizes the risk of falls.
The regulations also mandate that nursing homes develop and implement individualized care plans for residents based on their health status, including assessments of fall risk. These care plans must outline steps to mitigate risks, such as providing walking assistance, using mobility aids, or instituting fall prevention measures in the physical environment.
If a fall occurs because the nursing home failed to implement these care plans or violated other CMS safety protocols, the facility can be held liable for the resulting injuries.
CMS also mandates that nursing homes must regularly assess the environment for potential hazards, such as slippery floors, poor lighting, or inadequate railings—all of which could increase the risk of falls. If a nursing home fails to maintain these standards, it could be found in violation of federal regulations, and the facility may face a lawsuit from an injured resident.
Negligence Law in Ohio
Negligence occurs when a party fails to act with the level of care that a reasonable person would exercise in similar circumstances, resulting in harm to another person. Nursing homes have a duty to provide reasonable care to prevent injury, including ensuring that the premises are safe and that residents receive the appropriate supervision and medical attention.
In the case of a fall, nursing home negligence can occur if the facility:
- Fails to provide adequate supervision for residents at high risk of falling
- Does not maintain the facility in a safe condition (e.g., failing to remove hazards like wet floors or broken furniture)
- Does not implement or follow fall-prevention plans for elderly nursing home residents known to be at risk
- Fails to properly train staff on assisting a nursing home resident with mobility or using assistive devices
- Fails to monitor and address issues related to medications that may impair balance or coordination
If the nursing home fails to meet its legal obligations and fall injuries occur as a result, the facility may face lawsuits from the injured victims.
Common Causes of Falls in Nursing Homes
In the experience of leading Ohio nursing home fall attorneys, a fall-related injury in nursing homes can generally be attributed to preventable factors, including:
- Inadequate Staffing: Staffing levels directly impact the ability of nursing homes to monitor and assist residents with mobility issues. Insufficient staffing often leads to inadequate supervision, increasing the risk of falls.
- Lack of Fall Prevention Plans: Nursing homes are required to conduct assessments and create strategies to prevent falls for residents at risk. This may include installing bed alarms, ensuring access to assistive devices, and conducting regular reassessments.
- Physical Hazards: Poor facility design and hazards such as uneven flooring, poor lighting, lack of handrails, or loose rugs in hallways and bathrooms can create trip and fall hazards.
- Poor Resident Mobility Assistance: Many falls in nursing homes happen when residents aren’t properly assisted with mobility. This includes failure to help residents when they’re getting in or out of bed, moving between rooms, or using the restroom.
- Improper Facility Maintenance: Hazards like slippery floors, broken steps, and clutter can lead to falls. Facilities have a duty to maintain regular upkeep of the premises and provide a safe environment to prevent such incidents.
- Medication Errors: Some medications increase fall risk, especially sedatives or drugs that affect balance. Failure to monitor or adjust these medications may place residents at heightened risk.
Conditions for Nursing Home Liability in Ohio
An experienced nursing home fall attorney may be able to hold nursing homes liable for fall-related injuries if they:
- Negligently Failed to Provide Adequate Supervision: Ohio courts have held that nursing homes must exercise a reasonable standard of care in supervising residents with known risks of falling.
- Failed to Implement Proper Safety Protocols: If a resident has a documented risk of falling, nursing homes must take proactive steps, such as assisting with walking, ensuring access to mobility aids, and securing an environment free of hazards.
- Did Not Follow the Resident’s Care Plan: Nursing homes must create and adhere to individualized care plans that may include fall prevention strategies. Failing to follow these plans may constitute negligence.
- Engaged in Reckless or Negligent Conduct by Staff: Any direct actions by staff that compromise resident safety could be grounds for liability. This includes rough handling, improper use of equipment, or ignoring call buttons.
- Failed to Conduct Regular Risk Assessments: Nursing homes are required to perform routine assessments of residents to identify fall risks and adapt care plans accordingly. If a nursing home fails in this duty, it may be held liable for any falls that occur.
- Failed to Provide Proper Training for Staff: Nursing home staff must be properly trained in fall prevention techniques, safe patient handling, and emergency response protocols. Failure on this account may create the nursing home’s liability in case of a resident’s fall.
Ohio’s Requirements for Proving Negligence
To establish that a nursing home is liable for a resident’s fall, plaintiffs must typically demonstrate:
- Duty of Care: The nursing home had a legal responsibility to provide safe conditions for the resident
- Breach of Duty: The nursing home failed to meet its duty by either neglecting to take preventive measures or through direct actions that compromised the resident’s safety
- Causation: The breach of duty led directly to the resident’s fall and injuries
- Damages: The fall caused measurable harm, such as medical bills, pain and suffering, or decreased quality of life
Evidence an Ohio Nursing Home Abuse Attorney Will Collect to Prove Liability
- Incident Reports: Documentation created by the nursing home at the time of the fall can reveal whether proper procedures were followed.
- Medical Records: These provide insight into the resident’s physical condition and any injuries sustained from the fall.
- Witness Statements: Statements from staff, residents, or visitors can corroborate that negligence occurred.
- Care Plan Records: The resident’s individualized care plan shows whether the nursing home was meeting the required safety measures.
- Surveillance Footage: If available, this footage can be vital in showing the conditions and actions leading up to the fall.
Contact Our Dedicated Ohio Nursing Home Abuse Attorneys
If your loved one has suffered an injury or illness due to nursing home abuse or neglect, you want compassionate yet aggressive legal representation. At The Henry Law Firm, Ohio nursing home abuse lawyers believe in a collaborative approach that empowers clients by keeping them informed and involved in every step of the legal process.
Our client-centered commitment ensures that clients fully understand their cases and legal options, making them strong allies in the fight for justice. With a deep respect for the client’s perspective, we build each case strategically to hold negligent facilities accountable, protect vulnerable loved ones, and pursue the justice and compensation they deserve. To schedule your free consultation, call us at (440) 337-0083 or contact us online.
