When Could a Nursing Home Be Liable for Causing a Broken Hip?

Nursing home residents could have a broken hip from a fall or improper care. When these injuries occur, elderly residents and their families may be able to file a claim.

Need legal help for a loved one in a nursing home? At PKSD, our experienced Nursing home abuse attorneys in Santa Fe are available to discuss your potential legal options. We offer a free consultation and do not charge legal fees unless we secure compensation for you.

Call us to determine your legal options: 505-677-7777

Determining Liability for Nursing Home Resident’s Broken Hips

Nursing home facilities have a legal and ethical responsibility to provide reasonable care and ensure a safe environment for their residents. If a nursing home neglects an elderly patient, loved ones and family members need to prove that the nursing home breached its duty of care to establish liability.

Nursing homes could be held liable for hip fractures in several situations:

• They did not assess fall risks or implement effective prevention measures.
• Understaffing resulted in inadequate supervision or assistance.
• Staff members lacked proper training in handling residents safely.
• The facility failed to address known hazards or maintenance problems.
• Required safety equipment was not available or used correctly.
• Medication errors played a role in the fall or injury.
• Abuse or rough handling by staff directly caused the fracture.

Identifying Negligence in Nursing Home Hip Fracture Cases

It is important to ask several key questions when determining whether negligence contributed to a broken hip in a nursing home. A nursing home’s response to incidents could reveal whether it met the standard care for preventing hip fractures.

The questions below can be asked to assess the facility’s responsibility for the injury.

• Was a fall risk assessment conducted and updated regularly to reflect the resident’s condition?
• Did the care plan include suitable measures to prevent falls?
• Were safety devices like bed rails and non-slip mats used correctly?
• Did staff respond quickly to requests for help?
• Was the resident’s medication regularly reviewed for any risks that might contribute to falls?
• Did the facility have enough staff to meet residents’ needs?
• Were there any previous incidents or complaints about unsafe conditions within the facility?
• Did staff adhere to proper procedures when assisting residents with transfers and mobility?

What Evidence Do I Need to Prove Negligence?

Gathering strong evidence is essential when pursuing a case against a nursing home for a resident’s hip fracture. Here are some critical pieces of evidence that may support your case:

• Medical Records: These documents provide a detailed account of the injury and the treatment received. They can show the severity of the injury and any complications that arise during recovery.
• Nursing Home Records: Care plans and fall prevention measures recorded by the nursing home can demonstrate whether adequate precautions were in place to protect residents.
• Incident Reports: These reports detail the circumstances surrounding the fall, including what happened before, during and after the incident. They can provide insight into how the nursing home responded to the situation.
• Staffing Logs: Records indicating staff positions can help establish if there was sufficient supervision during the fall. Understaffing can be a critical factor in assessing negligence.
• Maintenance Records: If records show that safety hazards were reported but not addressed, this can support your claim that the nursing home failed to maintain a safe environment.
• Witness Statements: Testimonies from staff, other residents or visitors can provide valuable insights into the conditions leading to the fall and how the staff responded.
• Expert Testimony: Experts in nursing home care can explain what proper care looks like and point out any failures to meet those standards.

How Do Broken Hips Affect Seniors?

Hip fractures can have devastating effects on older adults, particularly those living in nursing homes. These injuries do not just mean broken bones. They can lead to significant challenges, including:

• Reduced Mobility and Independence: A hip fracture often limits a person’s ability to move freely. This loss of mobility can make everyday activities, such as walking or even getting out of bed, much more difficult.
• Increased Risk of Complications: Complications may arise immediately after a hip fracture. Conditions like blood clots and pneumonia can develop, especially if the individual is less active or confined to bed during recovery.
• Higher Mortality Rates: Studies show that older adults face increased mortality rates in the year following a hip fracture. This indicates the serious nature of hip injuries.
• Declined Quality of Life: Beyond physical challenges, a hip fracture can severely affect emotional well-being. The loss of independence, combined with pain and recovery, can lead to feelings of depression and isolation.
• Significant Medical Costs: Treating a hip fracture often involves surgery, rehabilitation and ongoing medical care, which can add up quickly. Families may face substantial financial burdens as they navigate treatment and recovery.

Contact PKSD for Legal Help

If you or a loved one has experienced a hip fracture due to potential negligence in a nursing home, seek legal assistance as soon as possible.

At PKSD, we are dedicated to supporting families during these challenging times. We understand the complexities of these cases and have helped other families through nursing home abuse and negligence. We are here to help you.

Schedule a free consultation with one of our attorneys. There are no upfront costs or fees to hire our services. We only get paid if you do.

Get answers to your legal questions today: 505-677-7777