Legally, nursing home neglect occurs when a facility fails to provide the care and services necessary to prevent harm to a resident, and this failure directly causes an injury.
For nighttime falls, neglect often involves inadequate staffing, poor supervision, failure to implement or follow a fall prevention plan, or a hazardous environment.
Federal and state regulations, such as the Code of Federal Regulations § 483.25, establish the facility’s duty of care and mandate measures to prevent accidents.