Nursing Home Falls in Pennsylvania: The Ones With No Incident Report

Falls happen. A fall nobody witnessed, with no report and a delay before the family was told, is a different question.

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Kenneth R. Schuster, founding member of Schuster Law
Kenneth R. Schuster Founding Member. Practicing in Delaware County since 1982.

Falls in nursing homes are common and not every fall is negligence. What raises a real question is a fall that was never witnessed, produced no incident report, or was not communicated to the family promptly, particularly where the resident had already been assessed as a high falls risk.

The question is the assessment, not the fall

Residents fall. Many are frail, many are cognitively impaired, and preventing every fall would require restraint, which brings its own harms and is separately regulated.

The claim is about whether the facility identified the risk and responded to it. Falls risk assessment on admission and after any change in condition, a care plan reflecting the risk, and interventions actually delivered: bed and chair alarms where appropriate, lowered beds, floor mats, appropriate footwear, toileting schedules, assistance with transfers, and adequate staffing to provide it.

The pattern worth investigating

  • A fall with no witness and no incident report.
  • A delay before the family was told, particularly overnight.
  • A fracture explained as a fall that nobody saw.
  • Repeat falls with no change to the care plan after the first.
  • An assessed high falls risk with no interventions recorded.
  • A delay between the fall and imaging or transfer to hospital.

Repeat falls without a care plan revision is the single most common finding in these cases. The first fall is arguably bad luck. The third is a decision.

Hip fractures are not a minor injury in this population

A hip fracture in an elderly resident frequently marks a permanent decline in mobility and independence, and carries significant mortality risk in the following year. It should not be treated as a broken bone that heals.

Delay in treatment

Sometimes the negligence is not the fall but what followed. A resident left in pain overnight, imaging deferred until the morning, a fracture unrecognized for days. The timeline between the fall, the assessment, the imaging and the transfer is worth examining as closely as the fall itself.

What to ask for

The falls risk assessments, the care plan and every revision, all incident reports including for earlier falls, nursing notes for the 24 hours either side, the medication administration record, and staffing rosters for that shift. Ask in writing and date the request.

The attorneys who handle these cases

Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.

Questions people ask us about this

My relative fell in a nursing home. Is that automatically a claim?

No. Falls are common in frail and cognitively impaired residents and not every fall is negligence. The question is whether the facility assessed the falls risk, planned for it, and actually delivered the interventions, particularly after an earlier fall.

There was no incident report. What does that mean?

It is a significant finding. Facilities are expected to document falls, and an unwitnessed fall with no report, or a delay before the family was told, makes it much harder for the facility to show what happened and what they did about it.

She fell three times and nothing changed.

That is the most common finding in these cases. A care plan is supposed to be revised after a fall. Repeat falls with no change to interventions is evidence of a system that recorded the problem and did nothing, which is different from bad luck.

Could the delay in treatment be the negligence rather than the fall?

Yes, and it often is. A resident left in pain overnight, imaging deferred, a fracture unrecognized for days: the timeline between the fall, the assessment, the imaging and the transfer deserves as much scrutiny as the fall itself.

What records should I request?

Falls risk assessments, the care plan and every revision, all incident reports including earlier falls, nursing notes for the 24 hours either side, the medication administration record and staffing rosters for that shift. Ask in writing and keep a dated copy.

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Two questions in, and nothing about you yet. Free, and it does not commit you to hiring us.

Would rather talk now? (610) 601-2980