San Jose Elder Abuse Lawyers: Fall Prevention and Liability

As a hub for some of the largest long-term care corporations in California, San Jose facilities are frequently under fire for prioritizing occupancy rates over resident safety. Fall-related injuries in San Jose nursing homes are often the "smoking gun" of broader neglect.

If your loved one was injured in a fall in San Jose, you may be entitled to significant compensation for their pain, suffering, and medical expenses. Our San Jose nursing home fall attorneys are here to help.

Falls are the leading cause of injury-related deaths for those 65 and older. In a San Jose nursing home, where residents are often more frail than the general population, a fall is a medical emergency. Common injuries include:

• Head and Brain Injury: Striking the head can lead to serious concussion and brain bleed (subdural hematoma).
• Fractures: Fractures of bones, especially hip, pelvis, and femur are a common injury when an elderly person falls.
• Crushed Vertebrae and Spinal Trauma: These lead to lifelong chronic pain and can cause paralysis or loss of bowel/bladder control.
• Facial and Orbital Fractures: These often occur when a resident falls forward out of a bed that lacked proper rails or alarms.
• Aspiration and Pneumonia: When a fall leaves a resident immobile, they are at high risk for secondary illnesses that are often the actual cause of death.

The risk of death is exceptionally high if the facility attempts to hide the incident. Neglect occurs when staff members wait until the next shift to report a fall, or fail to call 911 when a resident shows signs of a concussion.

San Jose facilities must adhere to the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). This law requires facilities to provide a "basic standard of care," which includes the active prevention of falls.

Facilities have a duty to:

• Promptly Respond to Call Lights: This is the biggest complaint we hear from clients. When it takes too long to respond to call for assistance, bad things can happen.
• Assess the Resident: Using tools like the Morse Fall Scale to determine risk.
• Modify the Environment: Ensuring that the resident's room is free of trip hazards and that lighting is sufficient for those with poor vision.
• Monitor Medications: Many psychotropic drugs used in San Jose facilities to "manage" dementia patients significantly increase the risk of falls. Failure to monitor these side effects is neglect.

Proving neglect in a large San Jose facility requires expert legal intervention. These corporations have massive legal teams dedicated to denying claims. A San Jose nursing home fall lawyer can obtain the "Minimum Data Set" (MDS) records and "Electronic Medication Administration Records" (EMAR) that show what the facility knew—and when they knew it. Our San Jose nursing home fall lawyer team has extensive experience in holding these negligent corporations accountable in Santa Clara County courts. By hiring a San Jose nursing home fall lawyer, you take a powerful stand against elder abuse.

Nursing Home Law Group has been representing individuals impacted by elder abuse and neglect, providing the resources necessary to go up against large insurance companies.

Was your loved one’s fall preventable? Reach out to Nursing Home Law Group today to investigate your case and seek the justice your family deserves.