While all individuals age 65 and older are at increased risk for suffering serious injuries in a fall, a disproportionate amount of fall-related injuries among the elderly occur in nursing homes. Elderly individuals and their family members rely on nursing facilities to provide safe living environments, so why is this the case?
Part of the reason may be that individuals living in nursing homes tend to be older, more frail, and less able to care for themselves. However, studies and litigation have shown that facilities regularly fail to provide appropriate care and safe facilities for their residents. These problems often lead nursing home residents to suffer injuries in falls that could – and should – be avoided.
The statistics on nursing home falls are sobering:
While just five percent of Americans age 65 or older live in nursing homes, 20 percent of all fall-related deaths occur in them.
As many as 75 percent of patients fall each year, and those who suffer falls typically suffer more than one.
As many as 20 percent of nursing home falls result in serious injuries.
The average facility reports one to two falls per year for each bed in its facility; however, many more nursing home falls go unreported.
Nursing homes have a duty to provide their residents with living environments that are reasonably safe from hazards that can lead to falls and fractures. Unfortunately, whether through staffing issues, poor facility maintenance, inadequate patient care, or other causes, they often put their residents at serious risk of suffering injuries in a fall. Some of the common causes of avoidable falls and fractures in nursing homes include:
One of the issues that most frequently leads to falls and fractures is inattentive care. Many elderly nursing home residents require assistance for their mobility and performing basic tasks. Sadly, residents often find themselves alone and without assistance. In some cases, due to their medical condition or a side effect of their prescription medications, they may not be fully aware of their need for help. At Malman Law, our Chicago nursing home falls & fractures attorneys can help you seek compensation if you suffered a fall while:
Although use of physical restraints in nursing homes has dropped significantly since the 1980s, as many as 10 percent of nursing homes still physically restrain their residents. While this was once seen as a proper measure for preventing falls, it is now widely understood to put patients at greater risk for suffering serious fall-related injuries.
The website for the Centers for Disease Control and Prevention (CDC) plainly states: “They [physical restraints] should not be used as a fall prevention strategy. Restraints can actually increase the risk of fall-related injuries and deaths.”
In fact, since new regulations on physical restraints took effect, most nursing homes have seen significant reductions in their numbers of falls. This is due in large part to the fact that patients often suffer loss of muscle mass and impaired physical functioning due to being restrained.
At Malman Law, we fight for the rights of elderly individuals and their families who are suffering due to nursing home falls. If you believe that you or a loved one may be a victim of nursing home negligence, our experienced lawyers can help you win the compensation you deserve.
To schedule a free consultation and take advantage of our zero-fee guarantee, call our Chicago law offices at (888) 562-0928 or contact us online today.
Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.
Steven Malman was selected to the list. The list is issued by the Million Dollar Advocates Forum. A description of the selection methodology can be found at https://www.milliondollaradvocates.com/Membership-Application-&-Qualification-Procedure.
Steven Malman was selected to the list. The list is issued by Newsweek.com. A description of the selection methodology can be found at https://www.newsweek.com/insights/legal-superstars-2015.
Steven Malman was selected to the list. The list is issued by Best Attorneys of America. A description of the selection methodology can be found at https://www.bestattorneysofamerica.com/membership/the-selection-process/.
Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.
Steven Malman was selected to the list. The list is issued by America’s Top 100, LLC. A description of the selection methodology can be found at https://www.americastop100attorneys.com/selection-methodology/.
Steven Malman was selected to the list. The list is issued by Lawyers of Distinction. A description of the selection methodology can be found at https://www.lawyersofdistinction.com/how-to-become-a-member/.
Steven Malman was selected to the list for 2018-2019.
Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.
Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.
Top Attorneys Diamond Member
Top Attorneys of North America 2019-2020
The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.
As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.
"I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "
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