Why are falls & fall-related injuries so dangerous for the elderly?
Falls are common in the elderly, and they can lead to deadly consequences - most significantly, broken bones and brain bleeds which can often lead to death within a year. According to the Center for Disease Control, falls are the leading cause of accidental death among those 65 or older in the United States, and the rate of falls is increasing dramatically. The most common result we see in nursing home residents is a hip fracture resulting from a fall. About 95% of hip fractures are caused by falls, and studies have shown that the one-year mortality rate after a hip fracture is 20-30%. Not all falls can be avoided, especially in the elderly. But that does not mean that all falls are unavoidable.
When are Falls and Fall-Related Injuries Actionable?
Determining whether a fall was unavoidable or the result of negligence requires looking at whether reasonable steps were taken to avoid falls and minimize injury in the event of a fall. Although these cases are very fact-intensive, generally the more falls suffered by an elder the more critically we have to look at the planning and interventions put in place by the provider.
Moreover, even though a fall itself might not have been preventable, facilities often fail to obtain prompt evaluation and treatment after a fall, leading the resident to suffer without appropriate pain management. Again, understaffing is often a leading cause. If the person performing the assessment after the fall is underqualified, they might fail to recognize signs of injury, delay notifying the family or doctor, or otherwise ignore standard protocol. We’ve had cases where residents waited days for medical treatment and suffered a broken hip or femur that entire time.
Abuse and neglect are not always obvious at first.
Warning signs may include:
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Unexplained injuries, bruises, or fractures
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Repeated falls or injuries the facility cannot clearly explain
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Pressure sores or wounds that worsen over time
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Dehydration, malnutrition, or sudden weight loss
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Poor hygiene, soiled clothing, or unchanged bedding
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Medication errors or missed doses
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Infections or untreated medical concerns
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Sudden changes in mood, behavior, or alertness
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Fearfulness around certain staff members
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Delayed, vague, or inconsistent answers from the facility
Where We Practice
We proudly represent clients throughout California. Elder abuse cases are investigated where they happened, and typically litigated in the courthouse and county where the facility operates. We have deep familiarity with the local systems throughout the state.
Pursuing the justice your loved one deserves
When a facility fails to meet its legal obligations, California law provides a meaningful framework for accountability. The Elder Abuse and Dependent Adult Civil Protection Act gives victims and their families the right to pursue:
Compensatory damages for actual costs incurred by the harm caused.
Enhanced remedies, including pre-death pain and suffering, attorney's fees, and costs of suit.
Punitive damages that are not available in standard negligence cases. That distinction matters enormously in terms of accountability and case value.