Compared to the average adult, elderly people—and especially those with physical and/or cognitive limitations that leave them dependent on daily assistance from caretakers—are especially vulnerable to suffering bone fractures from falls. Unfortunately, sometimes injuries like this are not just accidental, but instead allowed to happen or even directly caused by the misconduct of nursing home staff members.
Filing suit over a fracture in a Los Angeles nursing home is rarely a simple endeavor, particularly if you are trying to help a cognitively disabled family member enforce their rights or pursuing litigation on their behalf. Guidance from a knowledgeable nursing home neglect attorney can make a huge difference in how efficiently you can construct a strong claim and demand the compensation your family deserves.
Why Are Nursing Home Fractures So Dangerous?
As human beings age, they lose a substantial amount of bone density, and their body’s ability to heal naturally from injuries weakens substantially. Both of these factors put together mean that bone fractures suffered by residents in Los Angeles nursing homes are not just painful and debilitating, but also have the potential to cause permanent and sometimes even life-threatening damage. Hip fractures are especially dangerous, as evidenced by the hundreds of thousands of people over 65 years of age in the United States hospitalized for this type of injury every year.
Because of how uniquely dangerous fractures can be to their residents, nursing homes have a duty to minimize the risk of these injuries by:
- Ensuring residents have handrails and other assistive equipment available to help with mobility
- Monitoring residents closely and consistently
- Keeping up with residents’ medication and/or alcohol intake
- Addressing fractures when they occur as quickly and comprehensively as possible
Any failure by a nursing home staff member, administrator, or owner to fulfill this duty could constitute legal negligence if it directly leads to a resident being harmed, which in turn could allow them to be held financially liable for all ensuing losses.
Proving Negligence by a Nursing Home Employee or Owner
Legally actionable negligence inside nursing homes can take many forms—as can, unfortunately, intentional abuse. Even if it seems obvious how a nursing home employee’s neglectful or abusive conduct led to a resident being harmed, proving that a specific fracture suffered by a Los Angeles nursing home resident stemmed directly from a defendant’s specific act or omission can be a complicated process—especially if the injured resident is unable or unwilling to clearly communicate what happened.
Relevant evidence when building a claim around this type of injury inside a nursing home can include:
- Testimony from other employees and residents
- Medical documentation detailing the extent of the impacted resident’s injuries and all treatment received for them
- Footage from security cameras
- Photos of dangerous areas inside a nursing home
Guidance from qualified legal counsel can be vital to collecting and preserving important information in a timely manner, and then to incorporating it effectively into a comprehensive claim.
A Los Angeles Attorney Can Help with Nursing Home Fracture Litigation
Learning a loved one suffered a broken bone inside their nursing home can be a confusing and stressful experience. Getting answers to your questions about how the injury happened and what staff members did or did not do to mitigate its effects can be crucial to protecting your family member’s physical wellbeing and personal quality of life—as can pursuing civil litigation in the event that negligence or abuse was the primary cause of the injury.
Fractures in Los Angeles nursing homes caused by reckless or careless misconduct should never be tolerated under any circumstances. Call today to discuss your options with a dedicated lawyer.