Injuries can happen to elderly people who are in a nursing home, as they are a very vulnerable age group. The effects of aging could lead to reduced balance or muscle control, for example, which can make a fall more likely. At the same time, an older person’s frailty could make that fall more dangerous or impactful for them, and they may suffer severe injuries.
So, if an elderly person is injured in a nursing home, family members may claim that the nursing home was negligent and has to pay them compensation. Is it true that all injuries mean the staff was negligent and is responsible, or does that only apply in certain cases?
The standard of care
Often, the focus of these cases is on the standard of care that has been established by law. Nursing home staff members have an obligation to uphold this standard of care. If they fail to do so, then it can be an example of negligence. But that does not necessarily mean that all injuries fit this qualification.
For instance, understaffing is an issue in many nursing homes. If there were not enough staff members to adhere to the standard set by law, then family members may claim that a slip and fall accident only happened because the nursing home was negligent. They should have had more staff members to assist the elderly individual and prevent the injuries.
But if the nursing home was in compliance with the staffing regulations, it could simply be an accident. Maybe staff members were helping elderly people move to the dining room for dinner and instructed someone to wait for assistance, but the elderly person tried to walk to the dining room on their own and slipped and fell. The staff was doing all they could to keep them safe, but they cannot be expected to prevent all accidents and injuries. If there is no element of negligence and the standard of care has been met, the nursing home may not be responsible.
Every case is unique and can become contentious when staff members and family members have very different perspectives on what took place. It is important for all involved to understand their legal options.