Falls in Nursing Homes Are Preventable. When They're Not Prevented, Families Have Rights.
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Falls are the leading cause of injury and injury-related death among nursing home residents. A nursing home resident falls an average of 1.5 times per year, and falls in care facilities are far more likely to result in serious injury than falls in the community. Hip fractures, traumatic brain injuries, broken wrists, spinal injuries, and internal bleeding are common outcomes, and for elderly residents, these injuries often trigger a rapid decline in overall health that can be fatal.
What makes nursing home falls particularly devastating from a legal standpoint is that they are overwhelmingly preventable. Nursing homes are required to assess every resident’s fall risk, develop individualized care plans that address identified risks, and implement interventions such as bed alarms, non-slip footwear, assistive devices, environmental modifications, and adequate supervision. When a facility fails to do these things and a resident falls, that is negligence.
Hughey Law Firm has extensive experience representing families in nursing home fall cases across South Carolina. Our attorneys have handled hundreds of cases involving unwitnessed falls, broken hips, head injuries, and wrongful death resulting from falls in care facilities. We serve families in Charleston, Mt. Pleasant, Greenville, Columbia, Myrtle Beach, Spartanburg, Florence, and throughout the state. Call (843) 881-8644 for a free, confidential consultation.
One of the most troubling patterns in nursing home fall cases is the “unwitnessed fall.” This means the resident fell when no staff member was present to see what happened. Unwitnessed falls raise serious questions about the adequacy of the facility’s supervision and staffing levels.
When a fall is unwitnessed, the facility often cannot explain how it happened, how long the resident was on the ground before being found, or what the resident was attempting to do. This lack of information can actually strengthen a negligence claim because it demonstrates that the facility was not monitoring the resident as required by their care plan.
If your loved one suffered an unwitnessed fall in a nursing home, contact Hughey Law Firm immediately. Time-sensitive evidence — including staffing records, surveillance footage, and incident reports — can be lost or destroyed if not preserved quickly.
If your loved one was injured in a fall at a South Carolina nursing home, Hughey Law Firm can investigate what happened and determine whether the facility’s negligence was the cause.
All initial consultations are completely free and confidential, and we only get paid out of proceeds from any verdict or settlement we are able to win on your behalf.
Not automatically, but in the majority of cases, the facility bears significant responsibility. Nursing homes are required by federal regulations to assess each resident’s fall risk and implement interventions to reduce that risk. If the facility failed to conduct a proper assessment, failed to follow the resident’s care plan, did not have adequate staff on duty, or ignored known fall hazards, it is likely negligent.
First, ensure your loved one receives appropriate medical treatment. Then document everything: ask the facility for a copy of the incident report, take photos of any visible injuries, and write down the date, time, and circumstances. Request your loved one’s care plan and recent medical records. Then contact an experienced nursing home fall attorney as soon as possible — critical evidence like staffing logs and surveillance footage can be overwritten or destroyed quickly.
An unwitnessed fall means the resident fell when no staff member was present. This is significant because it often indicates inadequate supervision. If the facility knew the resident was a fall risk but did not provide sufficient monitoring, the unwitnessed fall itself becomes evidence of negligence.
Yes. If a nursing home resident dies as a result of injuries sustained in a fall caused by the facility’s negligence, the family may file a wrongful death lawsuit. South Carolina’s statute of limitations for wrongful death is three years from the date of death.