A family of a nursing home fall victim was recently awarded $1.8 million by a jury that found the nursing home liable for pain and suffering.
The massive award will compensate the family of Christine M., a woman who died a month after a nursing home aid allegedly rolled her off her bed. Christine, who was admitted to Grace Healthcare of Tucker after a stroke, reportedly sustained a brain injury after hitting her head during the fall. She had already been in poor health before the incident.
According to the resulting lawsuit against the nursing home, the facility had a policy of needing two aids when changing bed linens. This rule reportedly reflected the facility’s choice to be restraint free and not use bed rails. This rule, however, was allegedly not followed in the situation of Christine’s fall.
When Christine’s aide was changing her bed linens, the singular staff member allegedly used too much force and was unable to save Christine as she rolled off the bed onto the floor.
Elder Injury Verdict
The jury did not find Grace Healthcare of Tucker to be responsible for Christine’s death but determined that the nursing home was liable for the pain and suffering experienced by Christine during her final days of life. Families have legal recourse if an elder is injured or suffers elder abuse.
“Hopefully this verdict is part of a process that says enough is enough — don’t do this to our loved ones, they deserve more,” said the family’s lawyer, according to the Atlanta Journal Constitution.
According to attorneys for the facility, Grace Healthcare of Tucker reportedly admits liability but finds the $1.8 million award to be out of line with evidence. The facility is reportedly considering an appeal.
Grace Healthcare at Tucker is part of a Tennessee-based, for profit nursing home chain. The 136 bed facility reportedly has a one star rating on the government’s Nursing Home Compare website, which is the lowest rating a facility can get. Based on the categories of healthcare inspections, staffing, and quality measures, the facility reportedly ranks “much below average”.
Nursing Home Falls
Unfortunately, nursing home fall incidents may be common. According to the U.S. Department of Health & Human Services’ Agency for Healthcare Research and Quality, half of the 1.6 million residents in nursing homes may experience a fall every year. Of the numerous residents that experience a fall annually, the agency estimates that 1 in 3 will fall two or more times. Along with the same 1 in3 statistic, a report revealed elder abuse at 1-in-3 nursing homes.
Adverse outcomes of nursing home fall incidences may include reduced quality of life, increased fear of falling, restriction of activities, decreased ability to function, serious injuries (fractured bones, head injuries, etc.), and increased risk of death.
A 2004 study aimed to see if nursing home falls are preventable. The researchers determined that “multifaceted intervention programs” may help reduce the risk of falls in nursing homes.
“Based on the current literature, an effective multifaceted fall prevention program for nursing home residents should include risk factor assessment and modification, staff education, gait assessment and intervention, assistive device assessment and optimization, as well as environmental assessment and modification,” the researchers concluded.
However, there are a variety of variables in play and the researchers call for further study.
In general, nursing home neglect lawsuits are filed individually by each plaintiff and are not class actions.
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