Nursing Home Falls or Bedsores: When Elder Neglect May Lead to Legal Action
For years, nursing homes have provided families with the reassurance of safety and care for their elderly parents or loved ones. Families depend on nursing homes to supply them with the necessary support they need to ensure comfort, supervision, and peace of mind. Oftentimes, there may be breaches of care, two of which include nursing home falls and bed sore neglect. These forms of elder abuse can cause serious harm to individuals and their families. Understanding the signs of nursing home falls and bed sore neglect is crucial to protecting your loved ones and decreasing the chance of elder abuse in nursing facilities.
Why Falls and Bed Sores Often Signal Neglect
Elderly individuals are naturally at a higher risk of falling because of frailty, balance issues, medications, and cognitive decline. However, nursing facilities are required to evaluate each resident’s risk and enforce the necessary safety measures to help decrease the chance of injuries or falls. Examples of critical safety precautions may include the following:
- Fall-risk assessments upon admission and at regular intervals
- Bed alarms or chair alarms for high-risk residents
- Assistance when walking or transferring
- Proper footwear and mobility aids
- Adequate supervision for residents with dementia
Nursing home falls become legal concerns when staff are aware of the high-risk factors of certain residents and do not take the safety measures needed to prevent those injuries from occurring. Elderly residents who suffer from falls may develop broken hips, head injuries, or long-term disability, ultimately causing severe, life-threatening risks for these residents and their families.
In addition, bed sores pose serious threats to elderly patients and are a strong indicator of nursing home neglect. When a resident is left in the same position for extended periods of time, they develop pressure injuries that cut off circulation to the skin. To avoid this, residents should be routinely repositioned, kept clean, and given the proper bedding. It is important to acknowledge these signs of neglect to decrease the chance of long-term health effects.
What the Law Calls “Elder Abuse”
Many states have regulations specifically addressing elder abuse in nursing facilities. These laws acknowledge that physical assault is not the only form of abuse and that neglect can play a role in preventing elders from getting the support and care they need. The following are examples of how neglect may occur.
- Failure to assist with hygiene or toileting
- Dehydration or malnutrition
- Ignoring medical needs
- Leaving a fall-risk resident unattended
- Not repositioning a bedridden patient
Evidence Families Should Watch For
Families are often the first to notice warning signs. Nursing home neglect cases usually begin with small observations that may seem insignificant until the patterns become clear. Potential warning signs include:
- Frequent or unexplained bruises
- Sudden fractures or head injuries
- Rapid weight loss
- Dehydration
- Stage 3 or Stage 4 pressure ulcers
- Dirty clothing or bedding
- Changes in behavior, fear, or withdrawal
- Repeated hospitalizations
Documentation can become important when noticing minor warning signs of elder abuse. Photographs, medical records, and discharge summaries can assist in keeping track of the behavioral, physical, and emotional changes in patients and build an understanding of the type of abuse that occurred.
When a Civil Claim May Be Filed
A civil claim may be considered when evidence indicates the injury was preventable and instead was a consequence of insufficient care. Circumstances that commonly lead to legal action may include:
Repeated Falls - If a resident falls multiple times without modifications to supervision or safety protocols, the facility may not be meeting its duty of care.
Severe Pressure Ulcers - These are advanced bed sores that usually develop over time and can indicate prolonged neglect.
Delayed Medical Treatment - Injuries can worsen over time if facilities fail to notify physicians and families in a timely manner.
Staffing Shortages - Understaffed Facilities can contribute to missed turning schedules, skipped medications, and overall patient neglect.
Types of Damages in Elder Abuse Cases
Elderly patients are not always capable of advocating for themselves. Acknowledging the warning signs of elder abuse is important to decreasing the possibility of future harm. Potential damages may include:
- Medical expenses related to the injury
- Rehabilitation or hospitalization costs
- Pain and suffering experienced by the resident (where permitted by law)
- Funeral and burial expenses in wrongful death cases
- Other losses recognized by statute
Speaking With a Legal Professional
Seeking the proper legal guidance can help elderly patients and their families understand their rights and the potential next steps moving forward. A professional can guide families struggling with nursing home abuse to receive the support they need to recover from their injuries. An attorney may evaluate the case, consult medical experts, and maintain necessary evidence.
How KAASS LAW Can Help
At KAASS LAW, we understand the challenges elderly patients and their families face when dealing with nursing home neglect. Our experienced personal injury attorneys may guide clients through the legalities of their case and provide them with support and care. If you or a loved one has faced injuries from nursing home neglect, you are not alone. Contact KAASS LAW today to discuss your options.
Nursing Home Understaffing: Trends After Act Implementation
Understaffing in nursing homes is a crucial issue, particularly affecting elder care. Residents are often faced with neglect, abuse, and serious medical complications when facilities are understaffed. It is vital to have sufficient staff to ensure residents are treated with care. Understanding the significance of understaffing in nursing homes is important to create the changes necessary for families and their loved ones.
Types of Nursing Home Staff
- Registered nurse (RN) - Registered nurses are responsible for the overall delivery of care to their residents.
- Licensed Practical Nurse (LPN) - monitor health, administer medication, perform wound care, and ensure resident comfort
- Licensed Vocational Nurse (LVN) & Certified Nurse Aides (CNAs) - provide crucial, hands-on daily living assistance to residents
- Physical therapist (PT) - Help nursing home residents focus on improving mobility, reducing pain, and increasing independence
- Administrator - Responsible for daily operations in a nursing home
These staff are included in a nursing home to ensure safety and care among all nursing home residents.
Risks and Consequences of Nursing Home Understaffing
Understanding the importance of understaffing in nursing homes is crucial to the safety, health, and well-being of all the residents. The understaffing of nursing homes can indirectly cause nursing home abuse. This occurs when underpaid and overworked staff members begin to abuse their nursing home patients.
Understaffing can be caused by various factors, including low wages, underqualified applicants, and insufficient numbers of applicants. There are also cases where nursing home owners and managers intentionally understaff their facilities. This is done as a way to reduce operational costs; however, nursing home residents suffer. Employees who are on duty are often overworked, causing them to experience burnout and fatigue. When employees are overworked, it decreases their ability to care for their patients and give each resident the proper treatment. Limited staffing causes medical warning signs to be missed and also leads to the worsening of chronic health conditions.
Nursing Home Abuse due to Understaffing
Physical abuse: Physical abuse can include, but is not limited to, hitting, pushing, pulling, or causing bodily harm to another individual.
Psychological or emotional abuse: This includes yelling or manipulating a nursing home resident and is seen as one of the most common forms of elder abuse.
Financial abuse: This form of abuse is when staff members steal from nursing home residents, such as their personal belongings or, on a larger scale, including loan theft.
Neglect: Neglect is a common form of abuse in understaffed nursing homes and is seen as ignoring nursing home residents, causing them to not receive the medical care they may need.
Nursing home abuse occurs when there is a shortage of staff that is unable to assist in every area of the facility. When staffing levels are insufficient, caregivers are often forced to prioritize tasks, leaving residents without consistent supervision or timely assistance. This lack of coverage can result in unmet basic needs, including hygiene, nutrition, mobility support, and medication administration. Overworked staff may miss signs of physical or emotional distress, increasing the risk of neglect, preventable injuries, and medical complications.
Act Implementation
The U.S. Department of Health and Human Services (HHS) recalled provisions of the Minimum Staffing Standards for Long-Term Care (LTC) Facilities and Medicaid Institutional Payment Transparency Reporting Final Rule. HHS determined that the 2024 staffing requirements ultimately placed disproportionate burdens on facilities. There was also a threatened access to care due to workforce shortages.
Under the Original Rule
Under the original rule 3.48, total nursing care hours were to be met per resident per day, with 0.55 hours from a registered nurse and 2.45 hours from a nurse aide. Under this rule, there would also need to be a registered nurse on-site 24/7. The original intent of the Act was to improve resident safety, but the reduction of these requirements left facilities largely operating under pre-existing conditions. Understaffing has also caused a strain on existing employees as they must care for more residents, causing burnout.
A Need for Sustainable Solutions
Addressing nursing home understaffing requires a balanced approach that considers both resident safety and facility sustainability. Stronger oversight, improved compensation for direct care workers, and targeted workforce development initiatives may help reduce understaffing and its associated risks. Ultimately, ensuring adequate staffing is essential to preventing abuse, reducing neglect, and protecting the dignity and well-being of nursing home residents. Training programs and incentives for caregivers can help address long-term staffing shortages and help ensure that residents are treated with care.
How KAASS LAW Can Help
KAASS LAW assists clients in investigating claims related to understaffing, including reviewing staffing records, medical documentation, and facility compliance reports. If you or a loved one has suffered due to nursing home negligence, KAASS LAW can help. We provide professional legal representation and can get you the compensation you deserve. Call KAASS LAW, leave it to us!
The Nursing Home Reform Law of 1987
Since the Nursing Home Reform Act of 1987, nursing homes are required to have sufficient staff members to ensure that each resident receives the basic services and support they need. This is to ensure that their physical and mental well-being is maintained throughout their time in the nursing home.
The Reality: Lack of Enforcement and Resident Harm
The lack of enforcement of these regulations has led nursing facilities to offer insufficient staffing, resulting in inadequate care that ultimately causes residents to suffer. Care staff in nursing homes comprises the following:
- Registered nurses (RNs)
- Licensed practical nurses (LPNs)
- Licensed vocational nurses (LVNs)
- Certified nurse aides (CNAs)
The Role of Registered Nurses in Resident Care
The facility must meet specific standards, needs, desires, and goals to ensure the safety of its residents as well as maintain their highest practicable well-being. Nursing homes are required to have a registered nurse for eight hours per day as they provide expertise in the following areas:
- Infection control planning and management
- Resident assessment
- Care planning
- Identification of chronic conditions
- Treatment of chronic conditions
Nursing homes often have an insufficient number of staff as a way to save money and increase their overall profits.
Why Proper Staffing Matters
Receiving the proper treatment is crucial for patients to maintain both a healthy state of mind and a healthy physical body.
California’s Standards: Title 22 Regulations
Title 22 makes it so that nursing homes in California must meet specific standards on the following:
- Food service
- Personal care
- Supervision of residents
This is to ensure that residents are kept safe during their stay in these nursing homes.
The Human Cost: Impact on Patients and Families
Individuals who rely on caregivers to maintain their health suffer when these standards are not met. In addition, families of these patients also suffer. Many families feel helpless as they watch their loved ones decline. There is an emotional and financial burden on both the patients experiencing a lack of adequate care, as well as the families of the residents. These patients must receive appropriate treatment to ensure they maintain a level of health and safety.
How KAASS LAW Can Help
It is crucial to seek legal help when dealing with a lack of care, as it can result in serious and long-term injuries for the patient. An experienced attorney can help you understand your rights and secure the compensation you are entitled to. The KAASS LAW team can help you build a case around nursing home neglect. We can do the following:
- Investigate
- Gather evidence
- Make a personalized case
- Protect you and your loved ones
Conclusion
Nursing home neglect as a result of having an insufficient number of staff can cause serious harm to patients and their families. Without proper enforcement, residents continue to suffer due to understaffing and poor care. With the proper legal support, like that offered by KAASS LAW, you can receive the justice you deserve. Contact KAASS LAW for a confidential consultation today. [video width="1920" height="1080" mp4="https://kaass.com/wp-content/uploads/2025/08/Nursing-Home-Neglect-and-the-1987-Reform-Act-Understanding-Your-Rights-and-Legal-Options.mp4"][/video]