Nursing Home Broken Bone / Hip Fracture Injury Attorney
Has your loved one suffered a broken bone or fracture as a result of a fall at a senior care facility? These unfortunate incidents are not uncommon in the aging patient population. Cognitive impairment, poor coordination, and nursing home negligence can contribute to a patient’s risk of falling. The care facility may try to blame your family member’s fall and resulting injuries on age-related ailments. However, it is important to hold the assisted care center accountable and examine all factors that might have contributed to your loved one’s nursing home fractured bone injury.
This in-depth overview of nursing home broken bone and fracture injury cases covers several topics related to the widespread issue of senior care facility negligence and elder abuse. This examination will explore the types of injuries prevalent among nursing home-related falls, complications from resulting injuries, costs related to recovery, the elements of a personal injury claim, and the legal recourse options available for your injured loved one.
The seasoned legal team at Berberian Ain Attorneys At Law understands that personal injury cases involving elderly victims are particularly difficult for the families involved. Our team works tirelessly to advocate against nursing home negligence and elder abuse. The nursing home broken bone and fracture injury attorneys at our Glendale, California, offices are standing by to answer your case-specific questions and discuss your legal recourse options. Do not let the assisted care facility intimidate you out of seeking the justice your family deserves. Our dedicated team is standing by to provide a free consultation. Call us today at: 818-808-0048
What Is Nursing Home Neglect?
Nursing home neglect refers to the type of elder abuse that takes place at senior care facilities and non-medical housing centers. There are five common types of elder abuse, including neglect. Oftentimes, this mistreatment is carried out by a nursing home staff member or another resident and, in some instances, a facility visitor. The five main forms of elder abuse are:
- Physical abuse: the intentional act of causing harm such as inflicting pain or injury
- Sexual abuse: non-consensual interactions with an elderly patient
- Emotional abuse: the act of distressing or intimidating through verbal and non-verbal tactics
- Financial abuse: illegal or improper mishandling of an elder’s funds, property, or assets
- Neglect: Refusal or failure to perform duties of care that elderly residents are entitled to, including food, clothing, medication, and mobility assistance
Understanding Personal Injury Law for Nursing Home Negligence Cases
When aging loved ones need dedicated medical attention, families often turn to nursing home facilities to care for their loved ones. Sadly, broken bone and fracture injury cases can be the result of senior living facility neglect. Elderly assisted living residents may face serious complications related to fractured bone injuries. Intensive surgical procedures, post-injury rehabilitation, and impacts on quality of life are emotionally and monetarily strenuous for victims and the families of injured elderly patients.
While nursing home neglect is not always the cause of elderly broken bone and fracture injury cases, there are five million elder abuse cases reported each year according to the National Council On Aging (NCOA). If you suspect your loved one’s fall resulted from negligence or foul play, it is in your family’s best interest to examine the circumstances surrounding the incident and hold the nursing home accountable.
Compensation for nursing home negligence and elder abuse cases often award financial damages for the following:
- Repayment for past injury-related medical expenses (including surgeries)
- Monetary coverage for future medical costs (such as post-operative physical therapy)
- Loss of consortium claims
- Pain and suffering damages for injuries and incidents that impact quality of life and inflict emotional trauma
If negligence or abuse is the cause of your elderly loved one’s untimely death, the late family member’s dependents or heirs may be eligible to file a wrongful death claim. In these scenarios, the following damages may be awarded:
- Loss of monetary support
- Funeral-related expenses
- Values of lost benefits (such as pension or health insurance)
Nursing Home Falls and Fractures: Causes and Prevention
Every year, 3 million elderly adults receive emergency room treatments for injuries related to a fall. Additionally, 95% of all nursing home hip fractures are the result of a fall. One in every five of those falls causes serious injury, according to the Centers for Disease Control (CDC). Older individuals are at a higher risk of developing injury-related complications from falls, such as infection, diminished quality of life, or even death. Knowing the risk factors associated with senior citizen falls and injuries can help prevent these incidents from occurring.
According to the CDC, there are several factors that can increase an elderly person’s risk of falling. These risks include:
- Poorly maintained flooring, such as slippery surfaces, uneven tile, ripped carpet, uneven pavement, etc.
- Poor coordination and walking difficulties, which can be caused by underlying conditions or associated with age-related ailments
- Impaired vision
- Certain medications (such as sedatives, tranquilizers, and sleep aids) can cause drowsiness and lead to poor muscle control or loss of balance
There are certain steps these facilities should take to reduce a patient’s risk of falling and prevent serious injuries like hip fractures or even nursing home deaths. These prevention measures include placing signs near slippery surfaces, maintaining flooring to prevent uneven walkways, offering mobility assistance to patients in need, and monitoring a patient’s ability to walk to determine if use of an assistive device would be advantageous.
What to Do If You Suspect Nursing Home Neglect or Abuse
According to the National Center for Elder Abuse (NCEA), an estimated 1.4 million Americans live in nursing home care facilities. One study found that 44% of these residents reported being abused. The data also revealed that a staggering 95% of nursing home residents had either experienced or witnessed neglect at their facility. These statistics highlight the sobering reality of the current state of senior care. In fact, it is estimated that only 1 in 14 U.S. elder abuse cases actually get reported to the proper authorities. Therefore, it is extremely important that you practice vigilance while visiting your family member in a nursing home. Check in periodically to see how they are doing, examine their body for bruises or broken bones, and make note of any sudden behavioral changes.
A recent study followed nursing home patients in different regions of the globe for three years, observing mortality rates for patients at each facility. The average mortality rate for each senior care center was 31.8%, according to PubMed Central (PMC). The statistics on falls resulting in broken bones in assisted living facilities reveal that roughly 10-20% of nursing home falls result in serious injuries like hip fractures or head trauma, and 1,800 patients die from falls each year.
If your loved one has suffered a fall which resulted in injury, knowing the signs of nursing home neglect and elder abuse will help you determine when an further investigation into the circumstances surrounding the event is warranted.
Some common signs of elder abuse and neglect are:
- The appearance of bed sores on the patient’s body
- Changes in behavior such as anxiousness, depression, and withdrawing from social activities
- Dehydration
- Poor nutrition
- Post-fall hip or head fractures
- Drastic fluctuations in weight
- Noticeable shift in demeanor when staff members are present
- Over prescribing medications (like sedatives)
- Unexplained skin lesions, wounds, bruises, or cuts
- Unsanitary living conditions
If you suspect your elderly loved one is suffering abuse or neglect at the hands of nursing home employees or fellow patients, you should immediately speak with the senior care facility staff and managers. In the event that you feel the situation warrants immediate action, there are several resources available to advocate for improved senior living conditions and hold abusers accountable.
You can report the incident to the following entities:
- Nursing Home Abuse Hotline: 1-877-477-3646
- California Adult Protective Services: https://www.cdss.ca.gov/inforesources/adult-protective-services
- Long-Term Care Facility Hotline: 1-800-334-9473
Every 23 minutes, an elderly patient in the U.S. suffers a nursing home hip fracture. If your elderly loved one suffers such an injury, or is one of the 1,800 annual victims of fall-related fractures resulting in death, you need an experienced legal advocate to hold the nursing home accountable and fight for the justice your family deserves. The dedicated elder abuse and neglect attorneys at Glendale, California’s, Berberian Ain, LLP will guide you through the process for the proper personal injury claims. Nursing home facilities may be held liable for damages in claims where one or more of the following takes place:
- The nursing home is understaffed, which places strain on existing employees and increases the risk of oversight
- Poorly trained facility care teams
- Improper hiring processes, including background check oversights or extending employment to unqualified individuals
- The nursing home fails to intervene in third-party abuse incidents involving other residents, their guests, or their families
- Improperly administered medications
- Violations of the Nursing Home Reform Act, including a patient’s right to dignity, respect, freedom, and privacy
Filing a Nursing Home Fractured Bone Injury Claim
Filing a lawsuit after a nursing home fall that results in a fractured bones can be a strenuous process for elderly patients and their loved ones. The experienced elder abuse and neglect attorneys at Berberian Ain, LLP understand this is a distressing time for the families involved in these unfortunate situations. Our team is standing by to offer free consultations to those impacted by nursing home-related falls, hip fractures, broken bones, and deaths. We stand ready to offer compassionate legal counsel in your family’s time of need, and will leverage our success as elder abuse and neglect attorneys to deliver the winning legal expertise your loved one deserves.
What is the Average Settlement for Nursing Home Neglect and Elder Abuse Lawsuits?
The average nursing home abuse settlement is $406,000. While this settlement amount is not guaranteed, and individual case results will vary, the Glendale, California, elderly abuse and neglect attorneys at Berberian Ain, LLP have a proven record of success procuring maximum settlements for our clients.
Our legal team will take the severity of your loved one’s injuries, psychological distress, and other related factors into consideration to provide an overall estimate for the settlement you will likely be awarded for your claim.
Do Not Delay Securing the Justice Your Loved One Deserves
If your loved one was injured or died as a result of nursing home neglect or elder abuse, seek the experienced legal counsel of the Glendale, California, elderly abuse attorneys at Berberian Ain Attorneys At Law. Our experienced is available 24/7 to take on negligent senior care facilities that may try to deny your loved one’s dignity and violate their protected rights.
Here at Berberian Ain, LLP, we understand the emotional and financial hurdles elder abuse and neglect poses to victims and their loved ones. Accordingly, our initial consultations are always offered free of charge.
If your elderly loved one is the victim of a nursing home broken bone or fracture injury, our team is available to listen to your concerns, answer your questions, and discuss the legal recourse options available for your unique situation. Do not let negligent nursing home facilities continue their abuse and neglect unchecked. The dedicated team at Berberian Ain are here to advocate for the dignity and protection of California nursing home patients.
Do not delay securing justice for your loved one. Contact the best Glendale, California, elder abuse and neglect attorneys at Berberian Ain today at 818-808-0048.