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As of 2020, there were 15,300 nursing homes in the U.S., which can accommodate 1.6 million people. Unfortunately, residents do not always get the care they need at these places. According to the Agency for Healthcare Research and Quality (AHRQ), half of nursing home residents fall each year, with the majority falling more than once during a 12-month period.
Though some falls and other injuries in nursing homes can be attributed to unforeseen accidents, the overwhelming majority are due to inattention, negligence, or abuse by nursing home staff. In instances of nursing home negligence and abuse, nursing home residents and their families may have legal recourse. With a well-planned case, victims and their loved ones can pursue a settlement or take the case to court to seek damages.
It is important to research your legal rights and understand the warning signs of neglect and abuse in nursing homes. Here are common injuries that occur in nursing homes and a look at why they could be signs of negligence.
Hazards in a Nursing Home: Common Injury Types & Causes
Certain injuries are more common in nursing homes because of the type of care provided and the susceptibility of older adults to health issues. Here are 10 of the most common problems and their likely causes:
1. Bed Sores
Bed sores are pressure injuries that happen when the patient lies in one position for a long period. The constant pressure limits blood flow, leading to pain and sores.
Bed sores are common, with one in 10 nursing home residents developing them. This is usually because patients are given bed rest or confined to a wheelchair and stay in these positions for long periods. The sores typically begin as bruises or skin discoloration that gets worse over time. Nursing home staff should be checking for bed sores and shifting bed-ridden patients to avoid pressure buildup on specific points.
If staff fail to provide this level of care, it could constitute negligence. Bed sores can be an early sign of a general lack of care that could lead to some of the other injuries on this list.
2. Fall-related Injuries
Falls are the leading cause of injury in nursing homes. Weakened muscles, balance issues, medication side effects, and inadequate safety measures can all contribute to increased falls. Injuries from these incidents can range from minor bumps to serious fractures or brain trauma. Difficulty moving and confusion are signs that a fall has led to injuries.
Staff are responsible for taking reasonable steps to check patients after a reported fall. The nursing home could be liable for failing to do this or for not having proper fall prevention equipment and protocols.
3. Spinal Injuries
Falls are very common in nursing homes, and they’re one of the biggest causes of spinal cord injuries. These accidents could cause temporary or permanent paralysis.
Nursing home staff are responsible for ensuring safe conditions and helping patients get into and out of wheelchairs and beds. Facilities should have fall-prevention protocols in place to avoid catastrophic falls that lead to paralysis. These safeguards can reduce the risk of serious spinal injuries.
Failure to perform these basic steps can result in life-altering injuries for nursing home residents. You may be able to build a case around negligence related to fall prevention or fall response.
4. Burns
Nursing home residents face a higher risk for burns due to limited mobility or cognitive decline. These risks include scalding from hot bath water, beverage spills, misused heating pads, or contact with cooking surfaces. Understaffing or lack of proper supervision can increase these risks.
Burns cause blistering or peeling skin, particularly on the hands, arms, and legs. Your loved ones may also experience pain or difficulty moving to the affected area.
There is also a danger of infection from untreated burn blisters or sores. As with some other injuries, a lack of proper safety protocols could lead to increased burn risks, and nursing homes could be liable for negligence in this area.
5. Medication Injuries
Medication errors are common, and they’re prevalent in nursing homes. One study from South Africa found that dose omission and sharing medications between residents were common problems. Poorly timed dosages and failure to record dosages were also issues that led to double dosing.
Some residents may exhibit signs of overdosing, such as changes in behavior or moods, unexpected sleeping, or new side effects. These can all be signs of medication errors.
In these cases, negligence would involve repeated errors without corrections or failure to respond to signs of over or under-dosing.
6. Bone Fractures
Bone fractures are common in nursing home residents. People’s bones become more brittle and weaker as they age, meaning a simple fall can lead to a fracture.
These bone breaks can be minor or life-altering depending on their location and severity. The risk of falls is high in showers and bathrooms or when transferring from chairs, wheelchairs, or beds.
Some breaks are obvious, while smaller fractures might escape notice. However, residents will likely be reluctant to put weight on a broken limb or avoid moving it.
As with other fall-related injuries, a lack of proper protocols or failure to respond to bone breaking are often signs of negligence on the part of nursing home staff.
7. Concussions
Concussions are a mild brain injury. They occur in nursing homes due to falls or simple head bumps. While often overlooked, they can have serious consequences and lead to symptoms that go unnoticed for weeks. Early signs of concussions include changes in behavior, confusion, memory problems, or unusual drowsiness. Though a single concussion might not lead to permanent damage, multiple incidents could cause or exacerbate memory issues or balance problems.
Most people recover from a concussion with proper rest and treatment. Failure to provide this rest or treatment could constitute negligence on the part of the nursing home. This could be especially true in instances with a documented fall or head bump.
How To Prove Nursing Home Negligence
Nursing home negligence cases involve proving that staff didn’t provide the necessary level of care. This could be due to abuse and purposeful neglect or a lack of training, staff, or proper equipment.
Nursing home negligence cases are civil matters. You will need to bring a civil lawsuit, in which you file a complaint, or a lawsuit, with a county court clerk.
In court, as the plaintiff, the party bringing the lawsuit, you must prove that the nursing facility breached its duty of care and thus caused the plaintiff to suffer harm or death.
In some more severe cases of nursing home abuse or assault, however, the process can look different, as this falls under criminal law rather than civil law. Regardless of the reason for the neglect, a skilled personal injury lawyer can help you investigate your nursing home claims and build a case to pursue compensation.