- October 24, 2025
- Posted by: Robert Katz
- Category: Medical Malpractice
Your mother called three times before dinner, which isn’t like her. When you finally visit her room at the facility, there’s a new bruise on her hip that wasn’t there last week. The staff says she fell getting out of bed. “It happens with elderly residents,” they assure you with practiced sympathy. But something feels wrong. She’s fallen twice in the past month, and each time, you get the same explanation with a shrug that says “what can you do?” Here’s what they’re not telling you: most nursing home falls aren’t inevitable accidents of aging. They’re preventable events that happen when facilities cut corners on staffing and safety.
The Uncomfortable Truth About Nursing Home Falls
Falls are the most common cause of injury in nursing homes, accounting for roughly half of all incidents reported to families. Facilities know this. They have protocols, regulations, and care plans specifically designed to prevent falls. Yet falls keep happening at alarming rates, and families keep accepting “she’s elderly” as a reasonable explanation.
The reality is more complicated and more troubling. While aging does increase fall risk, a properly staffed and managed nursing home should be identifying those risks and taking concrete steps to prevent falls. When they don’t, it’s not bad luck or the inevitable march of time. It’s negligence.
Understanding the difference between a true accident and institutional neglect can mean the difference between accepting ongoing danger to your loved one and taking action to protect them. More importantly, it can prevent the catastrophic injuries that turn a fall into a death sentence for fragile elderly residents.
Why Nursing Home Falls Are Different From Falls at Home
When an elderly person falls at home, it’s often because they’re living independently without constant supervision. They misjudge a step, lose balance, or experience a sudden medical episode. These are genuinely unpredictable events.
Nursing homes exist specifically because residents can no longer safely manage these risks on their own. Families pay thousands of dollars per month for professional care that includes fall prevention. That’s the entire point of these facilities. When falls happen repeatedly in an environment designed to prevent them, something has gone terribly wrong.
Nursing homes are required to assess each resident’s fall risk upon admission and regularly thereafter. They must document risk factors like:
- History of falls – Previous falls indicate higher risk and need for intervention
- Mobility limitations – Weakness, unsteady gait, or inability to walk independently
- Medications that cause dizziness or confusion – Blood pressure drugs, sedatives, or pain medications
- Vision or hearing impairments – Reduced sensory awareness of surroundings
- Cognitive decline or dementia – Impaired judgment about safety and capabilities
- Balance and gait problems – Difficulty with coordination and stability
- Incontinence or frequent need for bathroom assistance – Urgency that leads to rushing
- Medical conditions like Parkinson’s or stroke – Diseases that directly affect movement and balance
Once risks are identified, facilities must implement individualized care plans to address them. This isn’t optional. It’s federal law under the Nursing Home Reform Act. When they fail to do this, and your loved one falls, that’s not an accident. That’s a violation of their duty of care and it’s time to contact a medical malpractice lawyer in Delaware County and the surrounding areas.
Red Flags That a Fall Was Preventable Neglect
Not every fall indicates neglect, but certain patterns and circumstances should raise immediate concerns. Here are the warning signs that what you’re being told is an “accident” is actually a preventable failure of care:
Multiple Falls in a Short Period
One fall might be an accident. Two falls in a month suggests problems with the care plan. Three or more falls in a few months is a clear pattern of inadequate supervision and intervention. Each fall should trigger a comprehensive review and adjustment of care protocols. If falls keep happening, those reviews aren’t happening or aren’t being taken seriously.
Falls During Known High-Risk Activities
Certain activities carry elevated fall risk: transferring from bed to wheelchair, using the bathroom, showering or bathing, and walking in hallways. If your loved one falls during these activities, ask whether staff was present to assist. If they weren’t, ask why not. Their care plan should identify these situations as requiring assistance.
Falls Involving Unmet Needs
Many nursing home falls happen because residents try to do something themselves after waiting too long for help. If your loved one fell trying to get to the bathroom alone, the question isn’t “why did they try to walk?” It’s “why didn’t staff respond to their call button?” or “why wasn’t someone checking on them regularly?” Residents shouldn’t have to choose between soiling themselves and risking a fall.
Injuries That Don’t Match the Story
A “minor fall” shouldn’t result in a fractured skull. Falling out of a properly secured bed shouldn’t be possible. If the injury seems disproportionate to the explanation, or if the staff story keeps changing, trust your instincts. Something isn’t adding up.
No Documentation of Fall Risk or Prevention Measures
Federal regulations require nursing homes to document fall risk assessments and prevention strategies. If you request your loved one’s records and find sparse documentation or no individualized fall prevention plan, that’s evidence of neglect. Proper documentation exists to ensure continuity of care. Its absence suggests care isn’t happening.
How to Distinguish Normal Aging From Negligent Care
Aging does increase fall risk. That’s simply biological reality. Balance declines. Muscles weaken. Bones become more fragile. Vision and hearing diminish. These factors make elderly individuals more vulnerable to falls.
But vulnerability to falls and actually falling are different things. A well-managed nursing home identifies vulnerable residents and implements protective measures. They don’t just accept falls as inevitable.
Think of it this way: we all know driving in winter is more dangerous. Ice and snow increase accident risk. But if a transportation company’s buses were constantly sliding off roads every winter, we wouldn’t shrug and say “well, winter is dangerous.” We’d question whether the company was using proper tires, training drivers adequately, and maintaining vehicles. The same logic applies to nursing homes.
Your loved one’s age, dementia, or mobility issues don’t excuse the facility’s failure to provide safe care. Those conditions are exactly why they’re in professional care to begin with.
What to Do If You Suspect Neglect
If you believe your loved one’s fall was the result of inadequate care, take immediate action to document and address the situation:
- Document everything thoroughly: Take photos of injuries from multiple angles. Write down exactly what staff told you about the fall, including names, times, and specific words used. Note any inconsistencies in their explanations.
- Request all records immediately: Get copies of medical records, incident reports, care plans, fall risk assessments, and any documentation related to the fall. Facilities are required to provide these, though they may drag their feet.
- Visit at different times unannounced: Observe staffing levels during various shifts. Time how long it takes for staff to respond to call buttons. Watch how they interact with residents and whether they’re rushing through care.
- Report concerns in writing: Send a formal letter to the facility administrator detailing your concerns. Keep a copy for your records. Written complaints create a paper trail that becomes important if you need to take legal action.
- File complaints with state agencies: Contact your state’s department of health or aging services. These agencies inspect nursing homes and can investigate neglect complaints. Your report may protect other residents.
- Consult with an attorney: Speak with a slip and fall injury lawyer in Upper Darby or elsewhere, who handles nursing home negligence cases. Many families don’t realize they have legal options until patterns of neglect have caused serious harm.
An attorney can review the circumstances, request additional documentation the facility might not provide voluntarily, and help you understand whether the care your loved one is receiving meets legal standards.
How Katz Injury Law Can Help
The attorneys at Katz Injury Law understand the complexities of nursing home neglect cases. They know the federal and state regulations that govern these facilities. They know what documentation should exist and how to spot deficiencies in care plans and staffing.
Katz Injury Law handles nursing home negligence cases throughout Pennsylvania, helping families hold facilities accountable when their loved ones are injured due to inadequate care. The firm provides free consultations to discuss your situation and help you understand your options.
These cases require thorough investigation. Medical records must be reviewed. Staff must be interviewed. Industry standards must be understood and applied. Katz Injury Law works with medical professionals and nursing home administration experts to build comprehensive cases that demonstrate how facilities failed to meet their obligations.
The firm works on a contingency fee basis, which means there are no upfront costs and no fees unless they recover compensation. This allows families to pursue justice without adding financial stress to an already difficult situation.Beyond compensation for medical bills and suffering, these cases serve a broader purpose. They force facilities to take fall prevention seriously. They send a message that cutting corners on staffing and safety has consequences. They protect not just your loved one, but future residents who deserve better care. So, if you suspect that your loved one has been neglected or treated cruelly, contact Katz Injury Law today.