Falls in nursing homes can change lives in an instant. One moment, your loved one is stable and safe. The next, you’re rushing to the emergency room after a phone call you never wanted to get. If you’re dealing with the aftermath of a fall in a care facility, you’re probably feeling upset, frustrated, and unsure about what to do next.
Nursing home falls happen more often than most people realize. These incidents don’t just cause bruises or broken bones—they also rob residents of their independence and peace of mind. And they often leave families feeling betrayed by the people they trusted to care for their loved ones.
If you’re wondering what to do if your loved one falls in a nursing home, this guide walks you through the steps that can protect them and hold the facility accountable. You can also reach out to a nursing home neglect attorney near you for a free consultation to discuss your options.
Understanding nursing home fall risks
Falls in nursing homes aren’t always unavoidable. Many happen because of unsafe conditions or preventable oversights. To understand what went wrong, start by looking at what typically causes these incidents.
Nursing home accident statistics
Falls remain a significant concern in nursing homes across the United States. Each year, approximately 1.3 million residents in nursing facilities experience a fall, with a typical 100-bed facility reporting between 100 and 200 falls annually. These incidents often lead to serious injuries, including hip fractures and head trauma, which can result in permanent disability or even death.
In Virginia, nursing home falls mirror national trends. In one recent year, there were 421 fall-related deaths and 16,206 hospitalizations among older Virginians aged 65 and over. The financial impact is substantial, with over $498 million billed for fall-related hospitalizations in that year alone.
These statistics underscore the importance of proper care and supervision in nursing homes to prevent falls and protect residents’ well-being.
Common causes of falls in nursing facilities
Falls in nursing homes often happen because of a breakdown in care, safety, or awareness. While some residents may have underlying health conditions that increase their risk, most falls tie back to a handful of recurring problems. Identifying these causes helps families understand where things went wrong and whether the facility could’ve done more to prevent the incident.
Environmental hazards
Slippery floors, loose cords, uneven walkways, and poor lighting all create risks. A freshly mopped floor without proper signage or a poorly lit hallway during the night can turn a simple walk into a dangerous situation. Something as small as a missing handrail or a blocked path to the bathroom might seem minor—until it leads to a fall.
Facilities are expected to maintain a clean, well-lit, and hazard-free environment. When they don’t, residents often pay the price.
Staffing issues
Understaffing is one of the most common issues in long-term care settings. When there aren’t enough aides or nurses on the floor, residents don’t receive the supervision they need. That lack of oversight often leads to preventable falls—especially for residents who need help getting out of bed, walking, or using the restroom.
Even when enough staff are present, lack of training can lead to dangerous mistakes. New hires who haven’t been taught how to properly transfer or assist residents may cause accidents without realizing it.
Medication effects and interactions
Many nursing home residents take multiple medications. Some of these—such as sedatives, blood pressure drugs, or medications for Parkinson’s or dementia—can cause dizziness, drowsiness, or confusion. When medications interact poorly or when dosages aren’t adjusted over time, the risk of losing balance increases.
Facilities should track medication side effects closely and update care plans whenever a new prescription is added. Overlooking this responsibility can result in serious harm.
Resident-specific risk factors
Every resident has a different fall profile. A person recovering from hip surgery needs different support than someone with severe dementia. Mobility issues, vision problems, chronic pain, or a history of previous falls should all be factored into the resident’s care strategy.
When nursing homes fail to adjust care for individual risks, they increase the odds of injury. A one-size-fits-all approach simply doesn’t work.
Legal duty of care
Nursing homes have a legal obligation to keep residents safe. That means assessing fall risk, making adjustments for each person’s condition, and creating an environment that minimizes hazards.
Fall prevention protocols
Facilities should follow fall-prevention protocols, such as:
- Providing mobility aids like walkers or grab bars
- Making regular safety checks
- Keeping floors clean and dry
- Adjusting medication routines
- Supervising high-risk residents closely
When a nursing home cuts corners or fails to stick to these basics, the risk of serious harm increases.
Immediate steps after learning of a fall
If your loved one just fell, don’t wait to act. Taking quick, careful steps right away helps protect their health and your ability to hold the facility accountable.
Ensure your loved one receives proper medical attention
Insist on an outside medical evaluation if needed. Internal nursing home exams might miss something. If the fall caused head trauma, fractures, or internal injuries, fast treatment can make a big difference.
Document the incident
Write down everything you can: time, date, what you were told, and any visible injuries. If your loved one is coherent, ask them what they remember. Keep a written log of everything.
Speak with nursing staff
Get a clear explanation from staff. Ask for specifics: where the fall happened, who was present, and what they did afterward.
Request incident reports and medical records
You have a right to this information. File formal requests in writing and follow up if you don’t get a timely response.
Take photographs
If your loved one has visible injuries, document them. Take photos of bruises, casts, or anything unusual. Also photograph any unsafe conditions in the room or hallways if possible.
Report the incident to administrators
Notify the nursing home administration in writing. Keep a copy. This creates a paper trail showing that you took the issue seriously and gave them the chance to respond.
Determining if negligence occurred
Not every fall happens because someone made a mistake—but many do. Looking at the details helps you figure out if the facility failed in its duty of care.
Signs that the fall may have been preventable
Ask questions like:
- Did staff know your loved one had a history of falls?
- Were they using a walker or wheelchair at the time?
- Had they recently started a new medication?
- Was anyone supervising them?
If the answer to any of these raises red flags, the fall may have been avoidable.
Fall prevention measures
Find out what specific steps the nursing home took to reduce fall risk. Did they create a personalized care plan? Was your loved one checked on regularly? Were call buttons within reach?
Difference between unavoidable accidents and negligence
Unavoidable accidents happen even with good care. Negligence happens when someone drops the ball—by ignoring safety hazards, understaffing the floor, or skipping protocol.
Red flags that suggest negligence
Watch for these warning signs:
- Staff gives inconsistent or vague explanations
- Records are missing or incomplete
- Your loved one has had multiple recent falls
- Bruising or injuries don’t match the story
These may point to carelessness or worse.
Legal rights of nursing home residents
Residents aren’t just patients—they’re protected under state and federal law. If a facility fails to uphold its responsibilities, legal action may be an option.
Federal regulations
The Nursing Home Reform Act sets basic standards for care, including the right to a safe living environment and freedom from abuse or neglect.
Virginia-specific protections
In Virginia, residents also gain protection under the state’s Adult Protective Services laws and regulations governing assisted living and long-term care facilities. These rules cover proper staffing, training, and safety standards.
Resident rights
Your loved one has the right to:
- Be treated with dignity and respect
- Receive proper medical care
- Be free from physical restraints (unless medically necessary)
- Report abuse or neglect without retaliation
Legal standard of care
The law holds nursing homes to a professional standard of care. When they fall short—through inaction, poor training, or underfunding—they can be held liable.
Building your nursing home neglect case
Putting together a strong case means gathering the right evidence. The more information you collect and share with your attorney, the better they can show what went wrong and obtain compensation for you.
Documentation to gather
- Written summaries of conversations with staff
- Your personal notes and timelines
- Copies of the facility’s policies on fall prevention
Medical records
These can show how serious the injuries were and whether they match the nursing home’s account of events.
Witness statements
Other residents, family visitors, or even staff may provide helpful details. Don’t hesitate to ask others who might’ve seen or heard something.
Facility history
Your lawyer can look into the facility’s past. A pattern of violations, complaints, or fines strengthens your claim.
Role of expert witnesses
In many cases, attorneys bring in professionals who can explain how the facility’s conduct fell below accepted standards of care.
Potential legal claims and compensation
Several different claims may apply after a nursing home fall, depending on the facts of the case.
Types of claims
- Negligence: When the facility fails to meet reasonable care standards.
- Negligent hiring or training: When staff weren’t properly screened or trained.
- Elder abuse: When neglect becomes systemic or intentional.
Compensation
Your loved one may be entitled to compensation for:
- Emergency treatment and hospital bills
- Ongoing therapy or long-term care needs
- Pain and emotional distress
- Loss of enjoyment of life
Statute of limitations
Virginia typically allows two years to file a personal injury or elder abuse claim. Waiting too long could block your right to pursue compensation.
Settlement and trial considerations
Most cases resolve through settlement. But if the facility or its insurer refuses to accept responsibility, the case may proceed to court.
Finding the right legal representation
You don’t have to handle this alone. Legal help can make the process less overwhelming and ensure your loved one gets the attention and care they deserve.
What to look for
Choose an attorney who focuses on nursing home neglect and has handled fall-related claims before. Look for someone who communicates clearly and takes time to understand your family’s situation.
Questions to ask
- How often do you handle nursing home fall cases?
- What evidence will help my case?
- How long might the process take?
- What will you need from me?
How attorneys handle these cases
Most attorneys start by reviewing records, interviewing witnesses, and assessing the strength of the claim. They’ll deal with the facility, its lawyers, and insurance companies on your behalf.
Fee structures
Nursing home abuse cases are usually handled on a contingency basis. You won’t pay legal fees up front. The firm only collects if the case resolves through a settlement or judgment in your favor.
Preventing future falls
Once the immediate crisis has passed, it’s time to take steps to protect your loved one moving forward.
Work with the facility
Request a new care plan that addresses fall risk. Insist on changes like better supervision, added safety equipment, or closer medication monitoring.
Consider relocating
If the facility continues to show signs of poor care, don’t hesitate to move your loved one. Virginia’s long-term care ombudsman can help with facility evaluations.
Advocate for safety improvements
Stay involved. Regular visits, active communication, and involvement in care meetings all help reduce risks.
Use available resources
Groups like the Virginia Office for Aging Services or local elder care advocates can help families monitor conditions and push for better care.
Let our nursing home attorneys help
Falls in nursing homes don’t just happen—they often result from poor decisions, short staffing, or a lack of attention. If your loved one suffered because someone didn’t do their job, you have every right to take action.
Allen & Allen stands ready to help families hold negligent facilities accountable. We’ve been serving Virginians for generations, and we make our clients’ fight our fight. If your loved one was hurt in a preventable fall, we’ll stand with you and work to seek full compensation for the harm they endured.
Don’t wait to get help. Contact our team today for a free consultation and learn how we can support your family during this time.
