During these trying times, we remain open, and are ready and able to sign up new clients while fighting for the rights of our current clients. In order to help protect the health of our potential clients, current clients, and staff, we are actively utilizing video teleconferencing and e-sign digital signatures, in addition to phone and email.

Can I Sue if My Mother Suffers a Fall in Her Florida Nursing Home?

Can I Sue if My Mother Suffers a Fall in Her Florida Nursing Home?

It’s always hard to make the decision to move your mom or dad into a nursing home. But there comes a point when we just can’t take care of them anymore. As our loved ones get older, their medical needs are too much for us to handle on our own. That’s when we turn to a reputable nursing home to take care of them for us.

When you choose a nursing home, you do your homework. You research the company’s reputation. You visit the home and talk to the staff. You may even talk to a few of the residents to see if they’re happy living there. If you’re smart, you’ll check to see that the nursing home passes their annual state inspections. Your goal is to find a place that will take care of all of your parent’s needs.

We put a lot of faith and trust into the people who work at the nursing homes in Lakeland, Florida. We expect them to take good care of our loved ones. So when we learn that our mother has fallen and gotten hurt while on their watch, we’re upset. This is only natural. The whole point of moving your mother into the home was so that they’d be safe. When you learn that they fell and got hurt, you want justice. That’s when it’s time to call a good nursing home abuse lawyer in Florida. They’ll get to the bottom of what happened. And, if your mom has a claim for damages, they’ll fight hard to get them the compensation they deserve.

Did The Nursing Home Know Your Mom Was A Fall Risk?

When a new resident moves into a nursing home, the staff does something called an assessment. This lets them know what your mother’s medical history includes. It should also include information about whether your mom is a fall risk. If your parent has a history of falls in the past, they should be labeled as a fall risk. Or, if they’re suffering from a medical condition that makes it hard for them to keep their balance, they should be designated as a fall risk. In fact, most nursing homes in Florida put a special bracelet on their residents to let the staff know they’re at risk of suffering a fall.

For patients who are a fall risk, the nursing home staff needs to pay special attention to them. They need to make sure they aren’t left to walk on their own. They also need to routinely check to make sure they haven’t fallen in their room. Now, it would be unrealistic to expect them to prevent all falls. For example, if your mom gets up in the middle of the night and falls, there may not have been a way to prevent it. In order for your Lakeland injury attorney to prove your case, they have to show that the nursing home was negligent.

How Does Your Lakeland Personal Injury Lawyer Prove Negligence

In order for your loved one to get damages, your lawyer needs to prove negligence. This means that they can show that the nursing home (or their staff) didn’t do what they were supposed to do. In order to demonstrate negligence, you’ll have to show the following:

  • They owed your mother a duty of care – This is obvious. The minute she became a resident of their nursing home this duty arose. They have a duty to keep her safe and, if she’s a fall risk, a duty to make sure she doesn’t fall.
  • They breached this duty – This is the part that’s a lot harder to prove. You’ll need to show that the nursing home did something out of the ordinary that let your mom fall. Or, you can show that they didn’t check on your mom or accompany her on her walks around the home.
  • Your mother was injured – It’s not enough that your mom fell. It’s important that she actually suffered an injury. This can be shown using medical records, especially if your mom was taken to the hospital for treatment.
  • Her injuries were caused by their breach – This won’t be hard to prove as long as her injuries were related to the fall.

If your Lakeland injury attorney can show these four (4) things, your mom may be entitled to damages.

Call today and schedule your free initial consultation with our office. Let an experienced personal injury lawyer review your case and fight to get your mom justice.

Our Testimonials

Hear From Clients Across the State of Florida
  • “I highly recommend Burnetti P.A. as a great and caring law firm.”

    - Michelle M.
  • “They are the best I would recommend them to everybody.”

    - Jeannette D.
  • “They made sure that I was getting my equal justice. This team was amazing!”

    - Gerard E.
  • “The settlement he got for me was far above my expectations.”

    - Evelyn B. R.
  • “I can’t speak highly enough about my experience with Burnetti, PA.”

    - Chuck S.
/

Successful Verdicts & Settlements

Serious Lawyers, Serious Results
  • DUI Car Accident $7.25 Million

    $7,250,000 recovery due a car accident resulting in death by a driver under the influence of an illegal substance.

  • Hospital Medical Malpractice $3.8 Million

    $3,820,000 verdict on behalf of a woman who suffered traumatic brain injury due to failure provide proper care.

  • Helicopter Crash $2.5 Million

    $2,500,000 recovery for a pilot involved in a helicopter crash.

  • Trucking Accident $2 Million

    $2,000,000 recovery for a family who lost their adult child due to a trucking accident.

  • Wrongful Death $1.9 Million

    $1,964,000 settlement for a mother who received four times the amount of medication that resulted in her death.

  • Trucking Accident $1.9 Million

    $1,900,000 verdict for a trucking accident that resulted in the death of an adult child.

  • Confidential Settlement $1.5 Million
  • Medical Malpractice $1 Million

    $1,062,500 settlement for a medical malpractice case resulting in injury.

  • Trucking Accident $940,000

    Our client was involved in a severe motor vehicle accident when she was rear-ended by a semi and knocked into oncoming traffic. She was rushed to the emergency room and had several surgeries performed.

  • Trucking Accident $750,000

    $750,000 settlement for a head on collision accident with a semi truck.

/

What Sets Us Apart?

  • A Proven Record of Results

    We have recovered millions of dollars for our clients, including many multi-million-dollar verdicts and settlements.

  • A Culture of Customer Service

    We treat all of our clients like family, requiring regular calls to clients in an effort to promote the best possible client experience.

  • Decades of Unwavering Service

    Our firm has proudly served injured people throughout the state of Florida for over 25 years, and we're just getting started.

  • A Network of Support

    We help clients find doctors, deal with insurance companies and recover compensation for medical bills and lost wages.

Contact Burnetti, P.A.

Request a Free Legal Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.