Slip and Fall Accidents in Nursing Homes
So-called “slip and fall” accidents may occur in many locations, including the interior of a nursing home. When the victim of the fall is a frail nursing home resident, serious injuries may occur. Fractures, lacerations, contusions, and concussions are all possible in fall-down cases. In accidents in which a resident strikes their head in a fall, a wrongful death may even occur. If you have a loved one who has been hurt or who has died as a result of a slip and fall accident in a nursing home, the experienced Raleigh nursing home negligence attorneys at Maurer Law can help you understand your legal options.
There are many types of negligence that may occur in a nursing home, assisted living center, or long-term care facility. Many of these acts of negligence may result in a serious, even life-threatening fall for an elderly, vulnerable resident. For example, improper medication management may cause a patient to become dizzy or restless, increasing the risk of a fall. Lack of proper attention may also cause a patient to attempt to leave their bed or wheelchair to seek assistance from a staff member. Isolation, malnutrition, dehydration, understaffing, and improper staff training may also be factors in a nursing home fall case.Pursuing a Nursing Home Negligence Claim Based on a Slip and Fall Accident
Elderly nursing home residents have a right to proper care, including reasonable measures to prevent a slip and fall. When this does not occur, a patient’s family has a right to file a claim in court, seeking compensation on the resident’s behalf. To succeed in a negligence or abuse case against a nursing home, a nursing home negligence lawyer in Raleigh or elsewhere in North Carolina must prove, by a preponderance of the evidence, the duty that was owed by the nursing home, the manner in which the duty was breached, the injuries suffered by the resident, and the causal connection between the nursing home’s breach of duty and the harm to the resident.
Under North Carolina’s contributory negligence law, a person whose own negligence contributes to an accident is generally barred from receiving compensation. For example, if a customer falls in a store, the store owner may be able to defend a premises liability lawsuit by proving that the customer was distracted by their cellphone and did not keep a proper lookout as they walked through the store. However, the very nature of a nursing home is such that courts are reluctant to hold nursing home residents at fault for causing their own injuries. After all, most patients are in a nursing home because they lack the ability to care for their own physical health or basic needs.Seek Assistance from a Nursing Home Negligence Attorney in Raleigh
A successful case seeking compensation for injuries or death from a fall may result in substantial compensation for the victim or their family. However, the lawsuit must be promptly filed, or the patient or family’s claim probably will be barred by the statute of limitations. To make sure that your family obtains reliable legal advice in a timely fashion, contact the knowledgeable Raleigh nursing home negligence lawyers at Maurer Law for a free consultation. You can reach us at (844) 817-8058 or contact us online. Our premises liability attorneys represent people in Raleigh, Durham, Fayetteville, Charlotte, Rocky Mount, Greensboro, Wilmington, Chapel Hill, Asheville, and Wake Forest, as well as other communities throughout Cumberland, Durham, Mecklenburg, Edgecombe, Guilford, New Hanover, Orange, Randolph, and Wake Counties.