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What is Nursing Home Negligence?

Monday, February 24, 2020

What is Nursing Home Negligence?

Have You or a Loved One Been Injured in a Nursing Homes

Nursing Home negligence generally holds that a Nursing Home is responsible for death or injury when management or staff members should have taken some action to prevent an incident from occurring.

All Nursing Homes are required to comply with safety precautions. Federal and State Statutes, accepted standard of care, and policy and procedure all set-forth reasonable requirements that are in place to protect you or a loved one. When a preventable or avoidable injury or harm occurs due to a failure to comply with any of these legal requirements, the Nursing Home may be responsible for your harms and losses.

Regulatory Advisor 2020

The Centers for Medicare and Medicaid Services, through their website, CMS.gov, provides very helpful and useful information, including the responsibilities of Nursing Homes to their residents.

Falls in Nursing Homes are Prevalent

There are approximately 1.6 million people living in nursing homes. Every year nearly half of them fall. Approximately 10% of those living in Medicare skilled nursing facilities fall and suffer a significant injury. (2004 study by the Office of the Inspector General.) In our view, every fall causes an injury.

Every year on average more than one in four adults aged 65 and older will fall. Falls are the number one cause of injury and death from injury. This represents 29 million falls, 3 million hospital visits, 800,000 hospitalizations, and 28,000 deaths.

Falling Elders Vital

Many falls are preventable. In Nursing Homes there is one recurring reason: too many Nursing Homes do not sufficiently staff their facility. A properly staffed and administratively supervised home is of the utmost importance.

https://www.injurylaw-ny.com/nursing-home-staffing-requirements/

Economical Statics

The economic cost is staggering. In 2015, the total cost of fall injuries was $50 billion. Unfortunately, and particularly as society ages, these costs are likely to only surge. (For more information please see - https://www.cdc.gov/features/older-adult-falls/index.html.

A typical 100-bed nursing home facility reports between 100 to 200 falls per year. Adults 65 years and over, by a factor of 4, are likely to die due to a fall-related injury at a nursing home facility. Falls are 50% more likely to happen in a Nursing Home than at an individual’s private residence. (Of course, there are other reasons that may skew this number. However, the general point remains the same.)

Yellow Fall Risk

The consequence of a fall may be relatively minor. However, the physical and emotional aspect can be devasting. Loss of mobility, restricted motion, fear of falling again, and depression are some of the unfortunate ramifications

It Takes a Team

A proper fall prevention plan to address those residents at potential risk or at risk is paramount. Proper consideration to anti-skid socks and/or sneakers, matts, alarms, aides, toileting schedule, and frequent checks are required. Environmental hazards, such as poor lighting, slippery floors, and debris in walkways, improper exit signs, broken equipment, need to be eliminated.

Caregiver

Shockingly, faulty bed rails and incorrect bed height are the reason for nearly 30 percent of Nursing Home falls nationwide.

Nursing Home Advocate

If you or someone you know is injured please consider contacting Adams Law Firm, P.C. We have a successfully advocated on behalf of those injured due to harm, abuse and neglect throughout New York State and Northern New Jersey. There is no legal fee until we are successful.

Should you have any question, please contact us toll free at 888 MY 911 LAW (888) 699-1152, or by email at [email protected]. Thank you.