Nursing home fall lawyer · St. Louis
Nursing home falls in St. Louis: what the home had to do, before and after
A nursing home must keep its residents’ space as free of fall hazards as it can. It must also give each resident enough supervision and help to prevent accidents. When a fall happens anyway, the home must tell the doctor and the family right away.
Why falls are so serious for older adults
A fall that a younger person walks away from can change an older person’s life. A broken hip can mean surgery, a long recovery and lost independence. A head injury is more dangerous for someone on blood thinners. Some residents never return to how they were before.
Not every fall is anyone’s fault. But many falls follow a known risk that was not managed.
What a nursing home must do to prevent falls
Federal rules say the home must keep the resident’s space as free of accident hazards as possible. Each resident must get enough supervision and assistance devices to prevent accidents (42 CFR 483.25).
WHAT FALL PREVENTION USUALLY LOOKS LIKE
- A fall risk check at admission and after any change in health or medicine.
- A care plan that says how much help the resident needs to stand, walk and use the bathroom.
- Walkers, bed alarms, low beds or floor mats when the plan calls for them.
- A call light within reach, and staff who answer it.
- Regular trips to the bathroom for residents who need them.
- A review of medicines that cause dizziness or sleepiness.
A common pattern is simple. The care plan says two staff must help. One worker, or none, shows up. The resident tries to get up alone.
What the home owes you after a fall
When an accident injures a resident, federal rules require the home to tell the resident right away, consult the doctor, and notify the resident’s representative (42 CFR 483.10). If you learn about a fall days later, or from a bruise you found yourself, write that down.
After a fall, the home should also look at why it happened and update the care plan. A second fall of the same kind is a warning sign.
Questions to ask after a fall
- Where and when did the fall happen? Who found my loved one?
- Was anyone helping at the time? How many staff did the care plan require?
- Was the bed alarm or call light working?
- Was a doctor called? Was there an X-ray or a scan?
- What has changed in the care plan since the fall?
What to do now
- Make sure your loved one gets checked by a doctor, even if they seem fine. Hip and head injuries can be hidden.
- Take photos of bruises and of the room, including the bed, floor and call light.
- Write down what staff told you, with names and times.
- Ask for the care plan and the medical records in writing.
- If you think the fall came from neglect, report it to the Missouri Adult Abuse and Neglect Hotline at 1-800-392-0210. It is open 7 a.m. to 8 p.m., seven days a week, and you can also report online through the state health department.
Deadlines, and how the firm can help
Because Missouri treats nursing homes as health care providers, a fall claim generally must be filed within two years (RSMo 516.105 and 538.205). A written review by a health care professional must be filed soon after the case starts (RSMo 538.225). If a fall led to death, see the wrongful death page.
Your first meeting about a nursing home injury is free. Everything else is discussed in person. Harjot Singh Padda, JD will look at the care plan, the fall history and the injury, and explain your options.
Common questions
Is the home at fault every time a resident falls?
No. The question is whether the home managed a known risk. See the nursing home neglect overview.
Can the home just tie my mother to the bed to stop falls?
No. Residents have a right to be free from restraints used for staff convenience. See nursing home abuse.
My dad fell while walking out an exit door. Is that different?
That may be an elopement problem too. Read about wandering and elopement.
What if the fall happened in the hospital, not the nursing home?
Hospitals have their own duties. See hospital negligence.
How long will a nursing home fall case take?
It depends on the injuries and the records. See how long an injury case takes.
Related reading
Sources
- 42 C.F.R. § 483.25 (quality of care: pressure ulcers, accidents, nutrition and hydration). Legal Information Institute, Cornell Law School
- 42 C.F.R. § 483.10 (resident rights, records access, care planning, notice of changes). Legal Information Institute, Cornell Law School
- 42 C.F.R. § 483.1 (Part 483 applies to Medicare and Medicaid nursing facilities). Legal Information Institute, Cornell Law School
- Mo. Rev. Stat. § 538.205 (“health care provider” includes long-term care facilities). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.105 (two-year limit for actions against health care providers). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 538.225 (health care affidavit within 90 days of filing). Missouri Revisor of Statutes
- Missouri Department of Health and Senior Services, Adult Abuse and Neglect Hotline, 1-800-392-0210. Missouri DHSS