Falls are not an acceptable or predictable part of life in a nursing home. They are among the most common events that cause serious injury to elderly residents, and they are also among the most preventable when facilities follow proper care protocols. When a fall results in a fracture, a head injury, or worse, families are right to ask whether the facility did everything it should have.
How Falls Happen in Nursing Home Settings
Fall incidents in residential care facilities stem from a range of factors, some related to the resident’s condition and many tied directly to inadequate staffing, supervision, or protocols:
- Failure to conduct or update individual fall risk assessments as a resident’s condition changes
- Insufficient staff supervision during transfers from bed to wheelchair or to the bathroom
- Delayed response to call lights, causing residents to attempt to move independently
- Wet or slippery floors without non-slip mats or visible warning signage
- Improper use or absence of bed rails, fall alarms, or other prevention devices
- Failure to communicate a resident’s fall history between staff shifts
Federal regulations require nursing homes to identify fall risks and implement individualized prevention plans. When those plans aren’t developed, followed, or updated when a resident’s needs change, and a fall results in injury, the facility may carry significant legal responsibility.
The Injuries That Commonly Follow
Falls in elderly residents produce injuries far more severe than those seen in younger adults. Reduced bone density, slower reaction time, and reduced muscle strength all increase both the likelihood of falling and the severity of what follows.
Hip fractures are among the most serious outcomes, often requiring surgery and months of rehabilitation. Wrist and forearm fractures from instinctive attempts to break a fall are also common. Head injuries, including subdural hematomas, carry significant mortality risk in older adults. The CDC identifies falls as a leading cause of injury death among older adults, with long-term care residents particularly vulnerable.
Recovery from these injuries is frequently prolonged and complicated by the resident’s existing health conditions. Some residents never regain their prior level of independence.
Oregon Law and Nursing Home Liability
Oregon nursing homes operate under both state and federal requirements. Under Oregon’s elder abuse laws, ORS Chapter 124, neglect that results in harm to an elderly or disabled person can give rise to a civil claim. Oregon law allows recovery of economic damages, non-economic damages, and attorney fees when abuse or neglect is established.
Establishing that a fall resulted from neglect rather than an unavoidable accident requires close review of the facility’s fall prevention protocols, staffing records, care plans, and incident documentation. An Oregon nursing home abuse lawyer can obtain and analyze those records to assess whether the facility’s conduct fell below the applicable standard of care.
What Families Should Do After a Nursing Home Fall
If a loved one was injured in a fall at an Oregon nursing home:
- Request the incident report and all medical records documenting the fall and resulting treatment
- Ask about the resident’s fall risk assessment and whether a prevention plan was in place
- Document the injury with photographs
- File a complaint with Oregon’s Aging and People with Disabilities program if neglect is suspected
- Speak with a lawyer before signing any documents or releases from the facility
Andersen & Linthorst represents families of Oregon nursing home residents harmed by falls and other preventable injuries. If your loved one suffered a fracture or serious injury in a care facility, consulting with an Oregon nursing home abuse lawyer can help you assess whether legal action is appropriate and what the process looks like from here.
