Nursing Home Fall Lawyers

Kentucky Nursing Home Falls And Fractures

Overturned walker on the floor of an empty nursing home corridor at night

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Key Takeaways

  • Between half and three-quarters of nursing home residents fall each year, about twice the rate for older adults living in the community, according to a CDC fact sheet.
  • A fall review compares the resident’s baseline fall-risk assessment with what the care plan required, and whether that plan was followed after the fall.
  • About 5% of adults 65 and older live in nursing homes, but nursing home residents account for about 20% of deaths from falls in that age group, per the same CDC fact sheet.

Records to Evaluate After a Fall

A fall review compares what the facility knew about the resident’s fall risk with what the care plan required, then asks why supervision or the transfer process failed when the fall occurred. A short incident note does not answer those questions on its own.

  1. 1

    Fall-Risk Assessments

    Look for the resident’s baseline mobility, cognition, medication list, toileting needs, footwear, assistive devices, and prior fall history. The facility’s later care decisions are measured against that baseline.

  2. 2

    Care Plan Updates

    After a fall or near fall, the chart should show what changed. Bed alarms, low beds, mats, transfer assistance, toileting schedules, and therapy notes can show whether and how the facility responded.

  3. 3

    Hospital Transfer Records

    EMS and hospital records may document what staff reported, the fracture location, imaging results, bruising, altered mental status, or a timeline that differs from the facility’s own account.

Nursing Home Fall Rates and Deaths

Between half and three-quarters of nursing home residents fall each year, about twice the rate of falls for older adults living in the community, according to the CDC fact sheet Falls in Nursing Homes. The same fact sheet reports that about 5% of adults 65 and older live in nursing homes, but nursing home residents account for about 20% of deaths from falls in that age group. Falls are the leading cause of injury for adults 65 and older, according to CDC older adult falls data.

The CMS Provider Data Catalog includes nursing-home characteristics, health deficiencies, staffing data, quality measures, penalties, and ownership information that can be checked against a facility’s fall history.

Fall Case Review Questions

A fall case review starts with six questions about the resident, the fall, and the facility’s response.

  • Was the resident known to be a fall risk?
  • Was the fall witnessed or unwitnessed?
  • Was a required assistive device missing?
  • Was the resident left alone during a transfer?
  • Was the family notified immediately?
  • Did the facility update the care plan after prior falls?

Facility Responsibility for Known Fall Risk

A care facility is responsible for assessing a resident’s known fall risk and carrying out the care plan, even though falls are common among older adults. Repeated falls, a serious fracture, delayed medical care, or delayed notice to the family make a case review more serious.

Loved One Hurt in a Nursing Home Fall?

A fracture, a head injury, or repeated falls after a known fall risk calls for the fall-risk assessments, care-plan updates, and hospital transfer records described on this page. Sam Aguiar Injury Lawyers handles nursing home fall claims with the Bigger Share Guarantee®. Clients always walk away with more money than the firm after medical bills, liens, and case expenses are paid. If the client’s share would ever be less than the legal fee, the firm cuts its fee. Dedicated three-person team: a top-rated attorney, an experienced case manager, and a skilled legal assistant.

Call 502-888-8888 to set up a free case review of the fall. $0 Out-Of-Pocket Forever.

Why Clients Choose Sam Aguiar

Bigger Share Guarantee®
You always walk away with more than us. If your share is ever less, we cut our fee.
$0 Out-Of-Pocket Forever
No upfront costs. No retainers. No fees unless we win your case.
Dedicated Team Of Three
Top-rated attorney, case manager, and legal assistant on every case.
No Increase For Litigation
Our flat contingency fee never goes up, even if your case is litigated.
World-Class Service
Biweekly updates. 24/7 response to calls and texts. Never wonder where your case stands.
Award-Winning Representation
Forbes Best-In-State, Super Lawyers, NTL Top 100, Multi-Million Dollar Advocates.

Ready to Take Action on Your Case?

After a serious injury, medical bills pile up while the insurance company looks for ways to pay you less. Most law firms take their cut first and leave you with whatever is left. Sam Aguiar Injury Lawyers does things differently. With our exclusive Bigger Share Guarantee®, you always get more. Every client gets a dedicated three-person team: an attorney, a case manager, and a legal assistant. We never raise our fee rate if we have to go to court, and you pay $0 Out-Of-Pocket Forever.

Frequently Asked Questions

1How often do falls happen in nursing homes compared to living at home?+
Between half and three-quarters of nursing home residents fall each year, about twice the rate for older adults living in the community, according to the CDC fact sheet Falls in Nursing Homes. Falls are the leading cause of injury for adults 65 and older, according to CDC older adult falls data.
2What fall-risk records should a nursing home keep?+
Fall-risk assessments should record the resident’s baseline mobility, cognition, medication list, toileting needs, footwear, assistive devices, and any prior fall history. The facility is expected to act on that baseline going forward.
3What should change in the care plan after a fall?+
After a fall or near fall, the chart should show what changed. Bed alarms, low beds, mats, added transfer assistance, adjusted toileting schedules, and therapy notes can show whether the facility responded.
4How serious are fall deaths among nursing home residents?+
About 5% of adults 65 and older live in nursing homes, but nursing home residents account for about 20% of deaths from falls in that age group, according to a CDC fact sheet.
5What questions does a fall case review ask?+
Was the resident known to be a fall risk? Was the fall witnessed or unwitnessed? Was a required assistive device missing? Was the resident left alone during a transfer? Was the family notified immediately? Did the facility update the care plan after any prior falls?
6Which hospital records are important after a nursing home fall?+
EMS and hospital transfer records may document what staff reported at the time, the fracture location, imaging results, bruising, or altered mental status. Those details can differ from the facility’s own account of the fall.