The Nursing Home Law Center is committed to providing the legal resources necessary to hold negligent facilities accountable.
Nursing Home Fractures
As many as 1,800 older adults living in nursing homes die each year from falls [1]. For several reasons, broken bones in nursing homes are among the most significant risk factors. The elderly population tends to have many medical conditions and take medications that may affect their balance and mobility.
However, since nursing homes are designed for seniors with advanced care needs, the facility should take every precaution to prevent falls. When a nursing home facility or its staff members are negligent in this duty, they may be held liable.
The Nursing Home Law Center is dedicated to residents and their families, helping them recover compensation and seek justice when negligence occurs. Whether you believe your loved one suffered unexplained fractures due to physical abuse or neglect, our legal team is here to help you explore your options.
Statistics for Nursing Home Fractures
Nursing home falls, and bone fractures may be more common than you think. Here are a few facts to know about fractured and broken bones:
- As many as half to three-quarters of nursing home residents suffer a fall each year, which is two times that of seniors outside of a nursing home environment [1].
- About 10% to 20% of nursing home falls result in severe injuries, with between 2% and 6% leading to fractures [1].
- A hip fracture is among the most common causes of seniors not being dependent [2].
- As many as 37 million fractures occur each year worldwide in people over 55, which is 70 fractures per minute (although this isn’t limited to nursing homes) [3].
- A 2010 study found that the most common age range for hip fractures in a nursing home was between 85 and 89 years. [4].
Signs and Symptoms of Fractures
Nursing home residents who suffer a fall are at a high risk of a fracture. In some cases, broken or fractured bones aren’t immediately noticeable without medical care, especially when dealing with hairline fractures.
Sometimes called unexplained fractures, these broken bones seem to arise out of nowhere. An unexplained fracture is usually from a fall or injury that was not reported.
Learning the most common fracture sites and symptoms can help ensure your loved one receives the care they need after a fall injury.
Some symptoms of bone fractures include the following:
- Pain and swelling
- Deformity or misalignment
- Bruising or discoloration
- Limited mobility
- Inability to bear weight
Common Fracture Sites
Some of the most common sites for bone fractures include the following:
- Hip fracture
- Skull fractures
- Ankle
- Arm
- Vertebrae or spine
- Pelvic
- Thigh
- Hand
- Compression fracture
Fractures can also be of varying degrees of severity. For example, a hairline or stress fracture is a tiny crack in the bone. A traumatic fracture is a severe injury that breaks the bone from an extreme force.
Bone fractures don’t only occur when residents fall. Stress fractures can also occur from repetitive motion. Failure to treat smaller fractures promptly can lead to further injury.
Common Causes of Fractures for Nursing Home Residents
Elderly nursing home residents are at a greater risk of fall injuries, which can lead to broken bones. Some of the most common causes of broken bones from a fall for nursing home residents include the following:
- Neglect: Nursing homes that don’t provide their residents with proper care and monitoring may be considered neglectful.
- Understaffing: Nursing homes that don’t correctly staff enough employees based on resident numbers create an unsafe environment conducive to more falls.
- Unsafe Environment: An unsafe environment, including hazardous walkways or broken facilities, leads to more resident falls.
- Lack of Fall Prevention Measures: Nursing home facilities without good fall prevention measures are prone to more resident falls.
- Improper Transfers and Mobility Assistance: Untrained staff, especially when it comes to mobility assistance, cannot help residents safely.
- Improper Handling by Staff: Staff who are abusive, neglectful, or fail to follow facility regulations may cause more injuries.
- Faulty Equipment: Faulty bathroom devices, mobility chairs, or room equipment can lead to more falls.
- Underlying Medical Conditions: Seniors are at an increased risk of medical disorders, like osteoporosis, a condition that can increase their risk of suffering a fracture after a fall incident.
- Medication Side Effects: Medication use is among the most common risk factors for elderly fall incidents. Some medications can increase the risk of nursing home falls, especially if they lead to dizziness.
- Lack of Medication: Staff failing to administer or disperse resident medications promptly could also put residents at risk of more falls.
Liable Parties in Nursing Home Fracture Claims
Nursing home staff members may be liable when a resident suffers a broken bone after a fall. Most families entrust the nursing facility to care for their loved one, and when they are negligent in that duty, they may be liable for a lawsuit. Seniors who suffer broken bones may seek compensation from the following liable parties.
Nursing Home Facility
When a bone fracture occurs, a nursing home that doesn’t create or promote a safe environment for residents could be to blame. Additionally, understaffed nursing home facilities or those that don’t offer thorough training could be to blame.
Other causes of nursing home neglect include failing to make necessary repairs, providing residents with faulty equipment, or failing to enforce safety protocols.
Nursing Home Staff Members
The staff members can be liable when nursing home patients suffer a broken bone from a fall. Staff are expected to monitor elderly residents and respond to calls for help. They’re also expected to promote a safe nursing home environment for all elderly patients. Ensuring prompt treatment after a fall is also necessary to avoid complications related to a fall.
Contractors and Manufacturers
Contractors and manufacturers may be liable when nursing home patients suffer a broken bone, especially if the injury is due to defective products or faulty work. Nursing homes may outsource repairs and maintenance to third-party contractors. They may also rely on specific mobility or safety equipment to help keep the residents safe.
Nursing Home’s Duty to Prevent Fractures
A nursing home has a legal duty to prevent broken bones through fall prevention programs and ongoing supervision.
Fall Prevention Programs & Protocols
All nursing homes should have clear, detailed fall prevention programs and protocols to help keep elderly patients safe. Fall risk assessments are important to understanding individual resident needs and should include frequent reevaluations. Individualized care plans help staff members better protect residents.
Nursing homes are expected to promote and maintain a safe environment for elderly residents. This includes proper lighting in bedrooms, bathrooms, hallways, and common areas. It also means clear walkways that are free of hazards. Grab bars should be installed in the bathrooms and bedrooms of residents at a higher risk of fall-related injuries.
Finally, staff members should be properly trained in transfers and mobility assistance. Emergency training is necessary to ensure prompt response to falls to help prevent further injury.
Common Causes of Neglect Leading to Fractures
Neglect is a common cause of falls in older adults, often leading to broken bones.
Being proactive with the most common causes of neglect can help an assisted living facility prevent resident falls. Common causes of neglect in nursing facilities include the following:
- Understaffing or Inadequate Training: To avoid neglect, a nursing home must ensure it has sufficient staff to monitor and respond to resident calls properly. Nursing homes should also provide all staff members with ongoing training.
- Failure to Monitor and Assist Residents: Failing to monitor and assist residents when needed is often considered neglect.
- Improper Use of Mobility Aids and Equipment: Staff’s improper use of available mobility aids and equipment could also be considered neglectful.
- Delays in Medical Attention and Diagnosis: Senior citizens often have medical conditions leading to a greater fall risk. The staff should have ongoing direct care with residents to ensure they receive the medical care and diagnosis they need, helping prevent nursing home falls.
Legal Rights of Nursing Home Patients & Their Families
Nursing home falls are sometimes caused by staff or facility negligence. If your loved one suffered a broken bone while under the care of a nursing home, you may have legal rights available through a personal injury lawsuit.
Negligence Claims
Many lawsuits involving broken bones in nursing homes are filed under negligence claims. This means the staff or facility was negligent in their care and failed to protect residents. A nursing home negligence case requires proof that the staff or facility breached their legal duty and that the negligence was the direct cause of the broken bone.
Compensation for Damages
Negligent nursing homes may also be financially responsible for the damages suffered by the residents. The types of compensation that may be available through a nursing home abuse case include the following:
- Medical Expenses: Nursing home falls typically require medical care, and a lawsuit aims to recover related medical costs. This might include hospital fees, specialist visits, or physical therapy.
- Pain and Suffering: Bone fractures can be painful and lead to a good degree of suffering. Compensation for pain and suffering is just as important as monetary costs.
- Loss of Enjoyment of Life: A fractured bone can limit mobility, lead to a loss of independence, and affect overall enjoyment of life, all of which deserve compensation.
- Wrongful Death: Severe fractures can also lead to death. Surviving family members may qualify for compensation to cover funeral expenses.
Why You Need Legal Representation for Nursing Home Fracture Claims
A nursing home abuse lawyer is a valuable asset when navigating a bone fracture lawsuit. Our nursing home abuse attorneys help victims, and their families navigate the complex legal system to serve justice and recover compensation for damages.
A free legal consultation allows you and your family to explore your legal options without obligation. If your family chooses to work with our law firm, we’ll begin investigating and collecting evidence as soon as possible. Nursing home falls shouldn’t occur, and when they lead to a severe injury, a deeper investigation may be needed.
Sometimes, lawsuits involving broken bones are settled outside of court. Our legal team will help you review any settlement offer you might receive and determine if it appropriately covers your damages.
If we can’t reach a fair settlement offer, our experienced legal team is ready to fight for you in court.
Taking Action After a Nursing Home Fracture
Nursing home falls frequently lead to serious injury, which may include broken bones. The steps you take immediately following a fracture in a nursing home environment are important to your loved one’s overall well-being and legal eligibility. Here are a few key steps to take after a nursing home fall.
Get Medical Attention
Immediate medical attention should always follow a fall. Prompt medical treatment and evaluation are crucial when dealing with broken bones, especially hip fractures. Call 911 so your family member can receive immediate medical care at the local emergency department.
Report the Injury
Report the fall and injury to the nursing home as soon as possible. Not only do you want to create official documentation of the incident, but reporting it may also help protect residents. Broken bones in nursing homes can point to a more significant problem of staff or facility negligence and physical abuse or neglect, making it crucial to report the injury.
Contact an Attorney
Contact a nursing home attorney as soon as possible to explore your legal options. We offer a free legal case review, so there’s no risk in considering your options. Most states have a time limit on nursing home resident injury cases, so don’t put off this task.
Get a Free Consultation With a Nursing Home Abuse Lawyers
Senior citizens are at an increased risk of falls, sometimes leading to broken bones. Since nursing homes are expected to implement policies to prevent falls, they may be liable if a resident is injured.
At the Nursing Home Law Center, we offer free consultations to nursing home residents and their families. Our nursing home abuse lawyers specialize in cases involving broken bones.
Contact us today at (800) 926-7565 for a free case evaluation. You can also fill out our online form to have a lawyer contact you about your legal case.
Resources: [1] Centers for Disease Control and Prevention, [2] National Library of Medicine, [3] International Osteoporosis Foundation (IOF), [4] National Library of Medicine