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Resident Falls and Pressure Injuries Account for Nearly Two-Thirds of Claims in 2021 per CNA Report

The CNA Aging Services Report-11th edition pointed towards falls and pressure injuries as the leading categories for claims for nursing homes and assisted living facilities in 2021, according to a Philadelphia nursing home lawyer. In fact, claims for resident falls and pressure injuries accounted for nearly two-thirds of total closed claims that year. This article will explore the top allegations that result in lawsuits against senior living providers and help readers understand when to seek services from a Philadelphia nursing home lawyer.

Top Claims Allegations – Nursing Homes and Assisted Living Facilities

Falls – According to the report, falls-related claims continue to be the top allegation in both skilled nursing and assisted living facilities. Additionally, the average severity for fall-related claims has continued to climb over the past several years. Assisted living facilities have seen a marked increase in the percentage of claims occurring in these settings.

Fall-related claims frequently involved improper care allegations such as dropping a resident during a transfer, failing for follow a resident’s fall care plan, or the failure of a facility to identify a resident as being at risk for falls. A Philadelphia nursing home lawyer confirms that improper care and failure to monitor residents account for a large majority of falls claims against care facilities. Another reason for a falls-related lawsuit is a fall caused by an unsafe environment.

Death was the top fall-related injury that resulted in claims for senior living communities such as nursing homes and assisted living facilities, with nearly 60% of the claims resulting in death. Other lawsuits included claims for fractures, head injuries, and lacerations. 

Pressure Injury – Pressure injury lawsuits are primarily focused in nursing home sector, with nearly 95% of claims filed. However, a rise in lawsuits has been noted in assisted living and independent living facilities as residents in those settings “age in place.” Over 65% of the closed claims reviewed had resulted in a resident death.

Improper care that can spur a lawsuit for pressure injuries includes:

  • Failure to evaluate residents for skin breakdown risk and implement interventions to maintain skin integrity
  • Failure to properly monitor and assess wounds
  • Failure to transfer to a higher level of care (such as a hospital) if indicated

If your loved one has developed a preventable pressure injury while a resident at a nursing home, it’s advisable to reach out to a Philadelphia pressure ulcer lawyer for advice and guidance to see if you can file a claim.

Improper Care – This broad category accounts for nearly 14% of resident claims against senior living providers. A Philadelphia nursing home lawyer recognizes that facilities that understaff may be unable to provide the necessary care and services that residents require. Understaffed facilities that provide improper care that results in a resident injury should be investigated by a nursing home understaffing attorney to determine if a claim may be filed.

Failure to Monitor – Claims for failure to monitor may include situations in which nursing home staff or contractors failed to adequately monitor and respond to a resident’s clinical needs. For example, a registered nurse who fails to check the blood sugar of a diabetic resident as required by a physician order may be liable if the resident falls into a diabetic coma.

 

Treatment Delays – Nursing home lawsuits for treatment delays occur when a nursing facility or assisted living facility does not initiate care in a timely and appropriate manner. For example, if a nursing home resident falls and strikes their head, a physician may order additional diagnostic testing, such as an X-ray or CT scan. A nursing home that fails to complete this diagnostic testing for over a week may be liable for an injury sustained or worsened due to the treatment delay.

When To Seek Help

If you or your loved one has suffered one of the above injuries while a resident at a nursing home, assisted living, or other senior living community, you may have the right to file a claim against the senior care provider. It’s important to seek out the services of a qualified attorney to understand if you might have a case. The nursing home neglect attorneys at our firm have years of experience in cases against senior living providers and are well-versed in state and federal regulations that govern these types of communities. Call 888-789-3161 to speak directly with an attorney for a free consultation.

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The nursing home neglect lawyers at our firm understand the plight of the nation’s nursing home residents. No one should be subject to neglect and substandard care in long term care facilities. Our attorneys will partner with you to take a stand against underperforming nursing homes and seek compensation for their injuries. Call us today or send us a message to speak directly with an nursing home neglect lawyer.

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