Sometimes — a nursing home is responsible for a fall when it fails to take reasonable steps to protect an at-risk resident. Not every fall is the facility's fault, but many falls are predictable and preventable. The legal question is whether the nursing home met the standard of care for a resident it knew, or should have known, was at risk.

When a Fall May Be the Facility's FaultVirginia Nursing Home Abuse Lawyer | Mottley Law Firm

Nursing homes are expected to identify fall-prone residents and plan for their safety. A facility may be liable when it:

  • Fails to perform or update a fall-risk assessment at admission and after any change in condition;
  • Does not create or follow a fall-prevention care plan;
  • Provides inadequate supervision of a resident known to be at risk;
  • Fails to provide or maintain assistive devices such as walkers, bed or chair alarms, or proper footwear;
  • Leaves hazards in place — wet floors, poor lighting, clutter, or broken equipment;
  • Improperly uses or fails to use transfer assistance when moving a resident; or
  • Is understaffed, so no one is available to help a resident who needs assistance.

Understaffing is a frequent culprit — learn more about who can be held liable for nursing home neglect.

When a Fall May Not Be Negligence

Even with excellent care, some residents fall. If the facility properly assessed the resident, put a reasonable plan in place, and followed it, a fall may not be the result of negligence. That is why each case turns on the specific records and circumstances — and why obtaining the fall-risk assessment and care plan is so important.

Common Fall Injuries

For frail residents, a fall can be devastating, causing hip and other fractures, traumatic brain injuries, spinal cord injuries, and deep tissue damage. A single serious fall can trigger a rapid decline and, in some cases, contribute to a resident's death, which may give rise to a wrongful death claim.

What to Do After a Fall

Ensure your loved one receives prompt medical care, request the facility's incident report along with the resident's care plan and fall-risk assessment, photograph any hazards or injuries, ask what supervision and devices were in place, and preserve all records. Our firm also handles broader slip-and-fall injury claims in Virginia.

Talk With a Virginia Nursing Home Neglect Lawyer

The Mottley Law Firm investigates nursing home falls to determine whether negligence played a role. Learn about our nursing home abuse and neglect practice, or contact us or call (804) 409-0876 for a confidential consultation.

This page provides general legal information about Virginia law and is not legal advice. Please consult an attorney about your specific situation.

Kevin W. Mottley
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Richmond, VA trial lawyer dedicated to handling brain injuries, car accidents and other serious injury claims