Experiencing a fall is particularly hazardous for an elderly person. Such incidents can result in serious injuries and health complications.
Nursing home residents are at a higher risk of falling when they experience abuse or neglect. If your loved one has sustained injuries from falls in nursing homes in Orland Park, please reach out to our law offices as soon as possible to consult with a compassionate senior living facility abuse attorney.
Signs That a Nursing Home Resident Suffered a Fall
While falls can lead to a range of injuries or negative health consequences, an elderly person’s fall may go unnoticed if there are no witnesses. Understanding that an elderly patient suffered a fall may also become increasingly difficult if the nursing home resident has difficulty communicating.
In addition, falls can often lead to traumatic brain injuries, such as concussions. The symptoms of TBIs can vary based on the severity and may overlap with other conditions.
Some examples of potential symptoms from a TBI include the following:
- Headache
- Fatigue
- Balance or coordination problems
- Signs of dizziness
- Nausea or vomiting
- Vision issues
- Light sensitivity
It is also essential to take note of any physical signs that an Orland Park nursing home resident has suffered from a fall, such as:
- Cuts, scrapes, abrasions or bruises
- Swelling
- Difficulty moving or getting around
- Limited mobility or range of motion for joints or limbs
- General discomfort, pain or stiffness
Nursing Homes’ Duty to Provide Adequate Care
When a nursing home resident falls, the facility’s negligence often causes the accident. Negligent actions can take many different forms, including general neglect or abandonment.
An Orland Park attorney could help the nursing home resident’s family investigate the source of the fall. This may require obtaining evidence such as medical records or surveillance footage.
Falls can happen due to active physical abuse or neglect, including:
- Pushing a patient or another form of physical assault
- Verbal assault
- Neglecting to provide a patient with assisted walking equipment or a wheelchair
- Insufficient supervision, forcing a patient to complete daily tasks on their own
- Inadequate cleaning or failing to warn patients about hazardous wet floor conditions
- Failing to account for an increased risk of falls due to past history or ongoing health conditions
Nursing homes have a general legal duty to provide adequate and reasonable care. Statutes like the Illinois Nursing Home Care Act, 210 Ill. Comp. Stat. § 45, and the Illinois Elder Abuse and Neglect Act, 320 Ill. Comp. Stat. § 20/1 explicitly prohibits nursing abuse, neglect, or abandonment of elderly persons.
Also, nursing homes are generally obliged to maintain reasonably safe conditions on the premises. If a hazard contributes to a fall, a court can find the facility liable for negligence under a theory of premises liability.
Deadline to File Legal Claim
It is important to understand that an Orland Park plaintiff has limited time to bring a legal claim for negligence stemming from a nursing home fall. The plaintiff can lose their legal claim if the lawsuit is not filed within the applicable statute of limitations.
According to 735 Ill. Comp. Stat. § 5/13-202, injured nursing home patients have a general two-year window to file their claim. The period begins tolling on the date of the accident that caused the injury.
However, there may be certain circumstances when the statute of limitations does not begin on the date of the accident. For example, injuries from nursing home falls may go unnoticed at the time of the accident.
Similarly, an elderly person may have difficulty communicating the symptoms of their injury. The state has a discovery exception to the general statute of limitations. In these cases, the two-year window will not begin until the plaintiff should have reasonably discovered the injury.
Ask an Attorney About Orland Park Nursing Home Falls
If you believe your relative or loved one suffered injuries or harm from falls in Orland Park nursing homes, our experienced lawyers are here to help you take legal action.
Please contact us as soon as possible to discuss the facts of your case. A seasoned personal injury attorney could advise you on the relevant legal authorities to contact when you suspect general nursing home abuse.
