Attorney Joumana Kayrouz

Nursing Home Falls

Nursing Home Abuse & Neglect

A predictable fall is a preventable one.

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Overview

A fall in a nursing home is rarely just bad luck. When a facility ignores a known fall risk, a broken hip or head injury can follow, and Michigan law asks why the home let it happen.

Nursing Home Falls

A fall in a nursing home can change an older person’s life in seconds. A broken hip, head injury, or spinal injury can take away mobility and independence. Families are often left wondering whether the fall was unavoidable or whether someone failed to protect their loved one.

Not every nursing home fall means someone was negligent. But some falls happen after warning signs were missed, care plans were ignored, or reasonable safety measures were not followed. At Joumana Law, we investigate what happened before, during, and after a serious fall to determine whether a facility may be responsible.

When Can a Nursing Home Be Responsible for a Resident’s Fall?

A nursing home may be responsible when its negligence contributes to a resident’s fall and resulting injuries. The key question is often whether the facility knew about a danger and reasonably responded to it. Federal nursing home regulations address accident hazards, supervision, and assistive devices for residents. Michigan also licenses and regulates nursing homes through its Public Health Code and administrative rules.

A potential nursing home fall case may involve:

  • Failure to properly assess a resident’s fall risk
  • Failure to update a fall-risk assessment after a change in condition
  • Ignoring previous falls or near-falls
  • Inadequate supervision
  • Failure to provide needed assistance with walking or transfers
  • Failure to follow a resident’s care plan
  • Unsafe floors, hallways, bathrooms, or resident rooms
  • Poor lighting
  • Missing or inadequate handrails
  • Improper use of mobility or transfer equipment
  • Communication failures between staff members
  • Other failures to take reasonable precautions

Michigan’s Department of Licensing and Regulatory Affairs recognizes fall prevention as a significant nursing home safety concern. In fact, the state reported that the federal tag for resident falls and accidents was Michigan’s second-most cited nursing home tag in 2025.

That does not mean every fall creates a legal claim. It does show why falls deserve serious attention instead of being automatically dismissed as part of aging.

What Are the Most Common Causes of Nursing Home Falls?

Older adults may have health conditions that increase their risk of falling. A higher fall risk, however, can also mean a resident needs more careful assessment and appropriate safety measures. The circumstances surrounding each resident are different. Understanding both personal and facility-related risks is an important part of investigating a fall.

Resident-Related Fall Risks

Several conditions can make a nursing home resident more vulnerable to falling. These may include:

  • Muscle weakness or frailty
  • Balance difficulties
  • Limited mobility
  • Vision problems
  • Cognitive impairment
  • Confusion or disorientation
  • A history of previous falls
  • Certain medications
  • Dizziness or blood-pressure changes
  • A recent illness, surgery, or hospitalization
  • Reliance on a walker, wheelchair, or other assistive device

A resident’s vulnerability does not automatically establish that a facility caused the fall. It may instead raise questions about what precautions were appropriate for that resident.

Facility and Care-Related Risks

Sometimes the surrounding environment or the care provided contributes to a fall. A resident may need help getting from bed to the bathroom, for example. Potential facility-related issues can include:

  • Wet or slippery floors
  • Cluttered walkways
  • Poor lighting
  • Inaccessible call buttons
  • Inadequate assistance with toileting
  • Improper bed or wheelchair transfers
  • Equipment that is unavailable, inappropriate, or poorly maintained
  • Failure to follow mobility restrictions
  • Delayed responses when a resident asks for assistance
  • Failure to communicate a resident’s changing condition

The details matter. A fall in a hallway presents different questions from a fall during a staff-assisted transfer.

What Injuries Can a Nursing Home Fall Cause?

Falls can be particularly dangerous for older adults. The CDC reports that falls are the leading cause of injury among adults age 65 and older. Some residents recover from a fall. Others experience injuries that permanently affect how they walk, communicate, live, or care for themselves.

Hip and Other Fractures

Hip fractures are among the most serious fall-related injuries for older adults. Recovery can require hospitalization, surgery, rehabilitation, and extensive assistance. A fracture can also reduce a resident’s independence. Someone who previously walked with limited assistance may require a wheelchair or greater daily care afterward.

Other falls can cause fractures of the wrist, arm, shoulder, pelvis, or leg. These injuries may be especially difficult for residents already living with limited mobility.

Traumatic Brain Injuries

A resident does not have to lose consciousness to suffer a serious head injury. Symptoms may also be difficult to recognize in someone with dementia or other cognitive conditions. The CDC warns that traumatic brain injuries can be missed or misdiagnosed in older adults. Symptoms can overlap with medical conditions commonly seen in this population.

A change in behavior, alertness, speech, balance, or cognition after a fall deserves medical attention. Older adults taking blood-thinning medications may face additional concerns after a head injury.

Spinal and Other Serious Injuries

Falls can also cause spinal injuries, soft-tissue injuries, cuts, bruising, and other physical harm. Even injuries that initially appear limited can have significant consequences for a frail resident. The effects can extend beyond the immediate diagnosis. Pain, fear of falling again, and reduced mobility can affect daily activities and independence.

Warning Signs That a Nursing Home Fall May Involve Neglect

Families often hear a simple explanation after a fall: “She lost her balance” or “He tried to stand up.” That explanation may be accurate. It may also leave important questions unanswered. Warning signs worth examining can include:

  • The facility gives conflicting accounts of the fall.
  • Nobody can clearly explain where or how the resident fell.
  • The resident has experienced repeated falls.
  • Staff knew the resident required assistance.
  • A call button was inaccessible or went unanswered.
  • The resident was found on the floor without an explanation.
  • The family was not promptly told about the incident.
  • The resident’s condition changed without a new assessment.
  • Known safety precautions were not being followed.
  • The care plan does not appear consistent with the resident’s needs.
  • The resident’s injuries seem inconsistent with the explanation provided.
  • Staff members provide noticeably different timelines.
  • Important records appear incomplete.

None of these circumstances automatically proves neglect. They can provide a reason to investigate more closely. A particularly important question is often overlooked: What did the nursing home know before the fall? A prior fall, documented weakness, or repeated requests for help can change how an incident should be evaluated.

What did the nursing home know before the fall?

What Should You Do After a Loved One Falls in a Nursing Home?

Families are often overwhelmed after learning that someone they love has been injured. Medical care should come first, especially after a possible head injury or fracture. Once immediate medical needs are addressed, preserving information can become important. Memories fade, staff members change, and physical conditions can change quickly.

Ask What Happened

Ask the facility when and where the fall happened. Find out whether anyone witnessed it and who first found the resident. Write down what you are told. Include names, dates, times, and the explanations staff members provide.

Document What You Can

If appropriate, photograph visible injuries. You may also want to document the area where the incident occurred if you can lawfully access it. Keep copies of relevant materials, including:

Hospital and medical recordsDischarge instructionsPhotographsFacility correspondenceEmails and text messagesBills related to the injuryNames of staff membersNames of potential witnessesNotes from conversations with the facility

Do not alter records or attempt to access information you are not legally authorized to obtain.

Pay Attention to Changing Explanations

A family’s notes can become valuable when explanations change. One staff member may say the resident fell while walking alone. Another may later say staff were helping with a transfer. Differences do not always mean someone is hiding information. They can, however, identify issues that require closer investigation.

Consider Legal Guidance Early

Families do not need to determine negligence on their own. They also should not assume they must collect every possible record before contacting an attorney. Legal deadlines can apply, and important evidence may become harder to locate over time. Speaking with an attorney can help determine what should be investigated and preserved.

What Evidence Matters in a Michigan Nursing Home Fall Case?

The most important evidence may exist long before the actual fall. That is one reason these cases should not be evaluated from a single incident report. An investigation may compare records from different periods. That comparison can help show what staff knew about the resident and how they responded.

Records From Before the Fall

Important records may include:

Fall-risk assessmentsAdmission assessmentsCare plansNursing notesPhysician ordersMedication recordsPhysical or occupational therapy recordsRecords of previous fallsMobility assessmentsTransfer instructionsDocumentation of cognitive changes

These records can help establish the resident’s condition before the incident. For example, a resident may have required one-person or two-person assistance for transfers. The investigation can then examine whether that assistance was actually provided.

Evidence From the Incident

Evidence surrounding the fall itself may include:

  • Incident reports
  • Witness statements
  • Staff notes
  • Photographs
  • Video footage, if available
  • Emergency medical records
  • Hospital records
  • Internal communications
  • Facility-reported incident documentation, when applicable

The absence of a witness does not necessarily end an investigation. Records and surrounding circumstances may still provide important information.

Records From After the Fall

What happens afterward can also matter. Records may show how quickly the resident was assessed, when the family was contacted, and what treatment was provided. They may also show whether the facility changed its safety precautions. A new care plan after an incident does not automatically prove earlier negligence, but the timeline can still be relevant.

The real story of a nursing home fall may be spread across dozens of records. Looking at those records together can reveal information that one document cannot.

Michigan Nursing Home Fall Claims: Negligence, Medical Malpractice, or Both?

This distinction can become important in Michigan nursing home cases. A claim is not classified simply by the label someone gives it. Michigan courts examine the substance of the allegations. In Bryant v. Oakpointe Villa Nursing Centre, Inc., the Michigan Supreme Court addressed claims involving a nursing home resident and distinguished between ordinary negligence and medical malpractice.

Generally, a claim may involve medical malpractice when professional medical judgment or standards of medical care are necessary to evaluate the alleged wrongdoing. Other allegations may involve ordinary negligence that a jury can evaluate without specialized medical judgment.

That distinction can affect filing deadlines and procedural requirements. It can also affect whether expert testimony is necessary. A nursing home fall case may involve questions such as:

  • Did staff fail to follow straightforward safety precautions?
  • Did the facility ignore a known physical hazard?
  • Did a professional care decision fall below the applicable standard of care?
  • Did staff fail to respond properly to a resident’s changing medical condition?
  • Did multiple failures contribute to the same injury?

There is no reliable one-size-fits-all answer. The facts and legal theory must be evaluated carefully.

How Long Do You Have to Bring a Nursing Home Fall Claim in Michigan?

The filing deadline depends on the type of claim and its specific facts. Families should be cautious about relying on a general deadline found online. Michigan generally provides a three-year limitations period for many actions involving personal injury. Medical malpractice claims generally have a two-year limitations period, subject to specific accrual and discovery rules.

Medical malpractice actions also have special procedural requirements. Michigan law generally requires written notice before a medical malpractice action is filed. Exceptions and additional rules can affect these time periods. Wrongful death, discovery issues, the appointment of a personal representative, and other circumstances may also affect the analysis.

Waiting can create another problem beyond legal deadlines. Records, witness recollections, and other evidence may become harder to preserve. Do not assume you know the deadline that applies to your loved one’s case. A Michigan attorney can evaluate the facts and determine which legal rules may apply.

What Compensation May Be Available After a Preventable Nursing Home Fall?

Compensation depends on the injury, the legal claim, and the losses involved. No result can be predicted from the fact that a resident fell. When negligence or malpractice causes an injury, recoverable damages may potentially include compensation for:

Medical expensesPain and sufferingDisabilityLoss of mobilityLoss of independenceAdditional care needsOther legally recoverable losses

The resident’s condition before the fall can also be important. The goal is not to pretend that every health problem began with the incident. Instead, the investigation may examine how the fall changed the person’s condition. That difference can be significant for someone who was already medically vulnerable.

What If the Resident Dies After the Fall?

A fall can sometimes contribute to injuries that ultimately result in death. Michigan’s Wrongful Death Act may apply when death results from another person’s wrongful act, neglect, or fault. These cases require careful analysis of both liability and causation. Medical evidence may be needed to determine the relationship between the fall, resulting injuries, complications, and death.

Families should not assume that age or preexisting health conditions make a case impossible. They also should not assume that a death following a fall automatically creates a wrongful death claim.

Can Families Report Nursing Home Safety Concerns in Michigan?

Yes. A civil injury claim and a regulatory complaint are different processes, and families may have more than one option. Michigan’s Department of Licensing and Regulatory Affairs accepts complaints concerning care at state-licensed and federally certified health facilities. Complaints can involve neglect, unsafe conditions, staffing concerns, poor care, and resident rights.

A complaint may lead to a regulatory investigation. That process is separate from a lawsuit seeking compensation for an injured resident. Families may also contact Michigan’s Long Term Care Ombudsman Program about concerns involving nursing home residents.

Filing a regulatory complaint does not necessarily establish civil liability. Likewise, a civil claim does not depend solely on whether regulators issued a citation.

Your Loved One Deserves More Than an Excuse

Families place enormous trust in the people caring for an aging parent, spouse, or grandparent. A fall does not automatically mean that trust was violated. But a serious injury deserves more than a vague explanation when there are signs that reasonable precautions may have failed.

Accountability is about more than looking backward. Identifying preventable failures can protect an injured resident and expose unsafe practices before another person gets hurt. At Joumana Law, we believe people who depend on others for their care deserve dignity, attention, and a serious investigation when something goes wrong.

If Something Feels Wrong, Let Us Look Deeper

You may have been told your loved one’s fall was simply an accident. You may still have questions about why they were alone, why precautions failed, or why nobody can explain what happened. You do not have to investigate those questions by yourself.

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Free ConsultationTalk to Joumana KayrouzCall now or send us your case. Your consultation is free, and you pay no fee unless we win.866-YOUR-RIGHTS248-557-3645Free case reviewLaw Offices of Joumana Kayrouz, P.L.L.C.
24370 Northwest Highway
Southfield, MI 48075

Legal Disclaimer

Every case is different. This page provides general educational information and is not legal advice. The existence, value and legal viability of any claim depend on the particular facts, applicable law, insurance coverage and jurisdiction. Listing a case type does not mean Joumana Law will accept or directly handle every matter. Depending on the circumstances, location and legal issues involved, the firm may work with qualified co-counsel or refer a matter to another attorney. Prior results do not guarantee a similar outcome. Speak with a lawyer about your individual rights and any deadlines that may apply.

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Frequently Asked

Answers before you ask.

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What If My Loved One Died After a Nursing Home Fall?

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A potential wrongful death claim may exist if negligence or malpractice caused or contributed to the death. The connection between the fall and death must be evaluated carefully.

Michigan law allows certain wrongful death actions to be pursued through the deceased person’s personal representative. The circumstances determine what claims and damages may be available.

Can a Nursing Home Fall Case Be Medical Malpractice in Michigan?

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Yes, some nursing home claims may involve medical malpractice. Others may involve ordinary negligence, and a case can contain allegations requiring different legal analysis.

Michigan courts look at the actual substance of a claim. Whether professional medical judgment is involved can be an important part of that determination.

Can I Request the Nursing Home’s Incident Report?

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Families can ask the facility what records are available to them. Access rights can depend on the record, the resident’s authorization, and other legal considerations.

An attorney investigating a claim can also determine which records should be requested through appropriate legal channels.

What If the Nursing Home Says My Loved One Caused the Fall?

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That statement does not necessarily resolve the issue. Residents may attempt to stand or walk despite known limitations.

The question may be whether staff understood those behaviors and planned appropriately for them. The resident’s cognitive condition and care needs can also be relevant.

What If Nobody Witnessed the Fall?

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An unwitnessed fall can still be investigated. Many nursing home incidents occur without an independent eyewitness.

Medical records, staff documentation, physical evidence, prior assessments, and surrounding circumstances may help reconstruct what happened.

Can a Nursing Home Be Responsible for a Fall From a Bed or Wheelchair?

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Possibly. Liability depends on why the fall occurred and whether negligence contributed to it.

An investigation may examine transfer procedures, equipment, supervision, positioning, care instructions, and the resident’s known needs.

What If My Loved One Had Fallen Before?

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A previous fall can be highly relevant. It may show that the facility knew the resident faced an increased fall risk.

The next question is what happened afterward. Investigators may examine whether the resident was reassessed and whether the care plan or safety precautions changed.

Are Nursing Homes Liable Every Time a Resident Falls?

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No. A fall by itself does not prove that a nursing home was negligent.

The investigation focuses on what caused the fall and whether reasonable precautions were taken. A resident’s known risks, care plan, environment, and level of supervision may all matter.

Who can be held responsible for nursing home neglect?

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Responsibility often traces back to ownership and management decisions behind understaffing, not just frontline staff. We use care plans, staffing records, and inspection reports to show what went wrong.

What are the signs of nursing home neglect?

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Warning signs include unexplained injuries, bedsores, sudden weight loss, poor hygiene, and unusual changes in mood or behavior. If you suspect neglect, document what you see and ask questions early.

When should I contact a lawyer after an injury?

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As soon as you can. Early involvement helps protect evidence, avoid mistakes with insurers, and keep your claim on track before important deadlines pass.

What documents should I keep?

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Keep anything related to the incident and your recovery: medical records and bills, photos, the police or incident report, insurance letters, and a simple record of missed work and out-of-pocket costs.

How will I pay my medical bills while my case is pending?

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Depending on your situation, options may include your own health insurance, No-Fault benefits, or arrangements with providers. We can help you understand what may be available while your case moves forward.

The insurance company already offered me a settlement. Should I accept it?

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Early offers are often lower than what a claim may be worth, and accepting one can waive your right to seek more. Let us review the offer for free before you decide.

Should I talk to the insurance company myself?

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Be careful. Insurance adjusters may ask for recorded statements or push for a quick, low settlement. It is usually best to speak with a lawyer before giving a statement or signing anything.

What types of cases does the firm handle?

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We handle a wide range of personal injury matters, including car and truck accidents, motorcycle accidents, medical malpractice, wrongful death, slip and fall, dog bites, and other serious injury claims.

Do you handle cases outside Michigan?

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Our home is metro Detroit and we serve clients throughout Michigan, and we also represent clients nationwide. Where a matter requires it, we coordinate with local counsel.

What if I was partly at fault?

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You may still be able to recover compensation even if you were partly at fault. Michigan law can reduce a recovery based on your share of fault, so it is worth having us review the details.

How long does a personal injury case take?

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It depends on the complexity of the case, the injuries involved, and whether the other side is willing to settle fairly. Some cases resolve in months, others take longer. We work to move your case as efficiently as possible.

Do I have to go to court?

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Many personal injury cases settle without a trial. If a fair settlement cannot be reached, we are prepared to take your case to court. We will explain your options at every step.

What is my case worth?

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Every case is different. Value depends on factors like medical costs, lost income, the severity of your injuries, and their long-term impact. We can review your situation for free and give you an honest assessment.

What should I do right after an accident?

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Get medical attention first, even if you feel fine. Then, if you can, document the scene, keep records of your treatment and expenses, and be careful about giving recorded statements to insurers before speaking with a lawyer.

How long do I have to file a personal injury claim?

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Michigan sets filing deadlines, called statutes of limitation, that vary by the type of case. Because missing a deadline can end your claim, it is best to contact us as soon as possible so we can review the timeline that applies to you.

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