South Carolina – June 28, 2021

Families may become weary when a short term rehabilitation stay in a nursing home results in a broken hip, caused by a slip and fall. According to The Centers for Disease Control and Prevention, screening for fall risks and addressing risk factors linked to medications, poor strength, and balance issues could decrease the rising number of deaths associated with falls in nursing homes.  Mortality in nursing homes after a hip fracture is high, and one in every three residents will die within 6 months of the injury.

Problems with weakened muscles, or pre-admission sedentary lifestyles make it difficult for elderly residents to move around and may be exacerbated by staff shortages, causing workers to hurry residents along, or through other negligent actions.  Individuals who have broken a hip, or their concerned loved ones, should speak with a nursing home abuse attorney to guide them through proper reporting and litigation matters, especially if the injury hastens death.

Staffing solutions to prevent falls.

Recent medical studies have identified solutions that involve exercise as the easiest common intervention to reduce the number of falls for people living in nursing homes by 36% in falls, and 41% in recurrent falls.  Staff education on the importance of proper body mechanics and facility inspection regarding safety features, and sufficient lighting are important to the reduction of broken hips in residential care.  Nursing home abuse attorneys in South Carolina can explain how a duty of care may have been ignored when a resident becomes injured with a broken hip after a fall and review the protections of  The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987.

Responsibility for negligence and abuse.

The nursing home facility can be held liable for any personal injury or neglect causing harm to a resident or patient in their care.  This negligence may have occurred by their part through:

  1. negligent hiring,
  2. understaffing,
  3. breach of regulatory obligations to guidelines,
  4. insufficient employee training, and
  5. errors in treatment, or medication dispensing.

Liability is the state of being responsible for something, especially by law, vicariously liability is a legal doctrine assigning liability for the injury to a person, even if they did not cause the injury directly but had a legal relationship with the negligent person who caused the injury.  Consult with a nursing home abuse attorney to determine if multiple parties are negligent.

Statute of limitations.

The statute of limitations for personal injury, or  wrongful death claims in South Carolina  is three years from the date of the decedent’s death, but in certain medical malpractice cases it could extend as long as six years, with reasonable support that a defendant’s negligence or intentional action played a role in causing a death.

Standard of care.

When sub-standard care causes a resident to fall and break a hip, it may be accidental, or it may be abuse.  Legal action may be taken against a nursing home and/or the treating medical professional because acts of negligence that cause, or exacerbate existing health conditions, or place residents in danger are deviations from the Nursing Home Reform Act  rights.  Call an experienced attorney at the McDougall Law Offices, to discuss concerns if you believe a loved one is being mistreated at a nursing home in South Carolina.

Hire a lawyer.

Call an experienced attorney at the McDougall Law Offices, to discuss concerns if you believe a loved one is being mistreated at a nursing home in South Carolina.

 

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

 

Sources.

https://pubmed.ncbi.nlm.nih.gov/31982358/

https://www.congress.gov/bill/100th-congress/house-bill/3545/titles

https://www.medicare.gov/nursinghomecompare/About/howcannhchelp.html

https://www.medicare.gov/nursinghomecompare/search.html

 

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