Did Your Loved One Fall or Suffer a Fracture in a Nursing Home? Tell us what happened.
If your parent or spouse has fallen in an Indiana nursing home, you probably have two questions: how serious is the injury, and should the fall have happened at all? This page answers both. It explains why falls are so dangerous for older residents, which fractures and injuries they most often cause, when a fall signals neglect, and what Indiana law allows families to do about it.
Falls are among the most common serious injuries in nursing homes, and most residents are admitted precisely because they need help staying safe on their feet. Federal nursing home regulations require facilities to assess each resident’s fall risk and provide the supervision and assistive devices needed to prevent accidents. When a facility fails to assess that risk, fails to follow its own care plan, or leaves a high-risk resident unattended, the result is frequently a fall that did not need to happen, and a fracture that will change the rest of that resident’s life.
Why Falls Are So Dangerous for Nursing Home Residents
A fall that a healthy adult would walk away from can be catastrophic for a frail older resident. Bones are thinner, balance and reaction time are slower, and many residents take medications that affect blood pressure, alertness or coordination. Residents with dementia may not remember that they cannot walk unassisted, and residents who cannot speak may not be able to tell anyone they are hurt.
The consequences are measured in more than broken bones. Among nursing home residents who suffer a hip fracture, roughly one in three die within six months, and many of the survivors never walk independently again. Infections, pressure sores and loss of function are common during the long recovery that follows. Nationally, hip fractures account for hundreds of thousands of emergency room visits and hospital stays among older adults each year, and the large majority of them are caused by falls (CDC; Marcus Institute for Aging Research).
Head injuries carry a separate danger. Many residents take blood thinners, and a fall that strikes the head can cause bleeding inside the skull that is not obvious at first. A resident who seems fine after a fall and is put back to bed without a proper assessment may deteriorate over the following hours. That is one reason federal rules require a facility to notify the physician promptly after any accident involving injury, and why a fall that was never reported to the doctor or the family deserves close scrutiny.
Falls also tend to repeat. A resident who has fallen once is at higher risk of falling again, and a facility that does not change the care plan after a first fall frequently sees a second and a third. A pattern of falls with no new interventions is one of the clearest signs families and investigators look for when evaluating a nursing home injury.
Common Fractures and Fall Injuries in Nursing Homes
The injuries below are the ones we see most often after a nursing home fall. Each has its own treatment path, and each tends to show up in the records in a particular way.
- Hip fractures – A break at the top of the femur, near the hip joint. Most require surgery, often a partial or total hip replacement, followed by weeks or months of rehabilitation. For a frail resident, the surgery, anesthesia and immobility that follow carry serious risks of their own.
- Pelvic fractures – Breaks in the pelvic ring, often from a sideways fall. These are frequently treated without surgery but cause severe pain and weeks of restricted movement.
- Wrist, arm and shoulder fractures – Common when a resident reaches out to break a fall. A fractured wrist or upper arm can leave a resident unable to use a walker, feed themselves or transfer safely, which in turn raises the risk of another fall.
- Spinal compression fractures – Vertebrae that collapse under impact, particularly in residents with osteoporosis. These cause chronic pain and loss of height and mobility.
- Head injuries and brain bleeds – Skull fractures, concussions and subdural hematomas. The danger is highest in residents on anticoagulants, and symptoms such as confusion, drowsiness or a severe headache may not appear for hours.
- Lacerations, bruising and skin tears – Less serious on their own, but a skin tear that is not cleaned and dressed properly can become infected, and a large unexplained bruise should always prompt questions about how it happened.
A fracture also sets off a chain of secondary risks. A resident who is bedbound after surgery is at high risk for pressure sores, pneumonia, blood clots and urinary tract infections. Our pressure sores page explains why a facility that follows its own care plan should be able to prevent a sore from developing during that recovery, and our sepsis timeline article walks through how an untreated infection can progress.
Are Nursing Home Falls a Sign of Neglect?
Very often, yes. Nursing home residents fall for reasons the facility is responsible for anticipating: weakness, dementia, medication side effects, incontinence that sends a resident toward the bathroom unassisted, and the simple fact that many residents need help to stand. A facility that admits a resident with those risks has taken on the duty to manage them. When a resident falls because no one answered a call light, because a known high-risk resident was left alone, or because the interventions in the care plan were never carried out, the fall is the product of a failure in care.
Federal regulations at 42 CFR 483.25(d) require a nursing home to keep the resident environment as free of accident hazards as possible, and to give each resident adequate supervision and assistive devices to prevent accidents. State surveyors cite violations of this standard under deficiency tag F-689, and it is among the most frequently cited tags in Indiana nursing home inspections. A separate rule, 42 CFR 483.10(g)(14), requires the facility to notify the physician and the family promptly after any accident that results in injury or may require medical attention.
In practice, meeting that standard means a facility should:
- Assess each resident’s fall risk on admission, after any fall, and on a regular schedule, using a recognized tool such as the Morse Fall Scale
- Write specific fall-prevention interventions into the care plan, such as a low bed, floor mats, bed and chair alarms, non-slip footwear, scheduled toileting and a set level of assistance for transfers
- Make sure every aide on every shift knows and follows those interventions
- Answer call lights promptly and keep walkers, canes and call buttons within reach
- Review medications that increase fall risk, including sedatives, sleep aids, blood pressure drugs and some antidepressants
- Keep floors dry, hallways clear and rooms adequately lit
- Reassess the resident and update the care plan after every fall, not just document that it happened
- Notify the physician and family promptly, and send the resident for X-rays or hospital evaluation when a fracture or head injury is possible
When a resident is seriously injured in a fall, the chart almost always tells the story: a high-risk score with no matching interventions, an alarm that was ordered but never placed, a two-person transfer done by one aide, a call light that went unanswered, or a string of falls with the same care plan each time. Facilities frequently blame the resident’s age, confusion or “unavoidable” condition instead of their own staffing and supervision, which is why obtaining and reviewing the complete medical record, the incident reports and the facility’s state survey history is the first thing we do. For a broader look at what counts as neglect, see Indiana Nursing Home Neglect Explained: A Guide for Families.
Transfer, Lift and Other Fall-Related Injuries We Handle
Not every nursing home fracture happens on the floor. Many of the fall-related injuries we investigate occur while staff are moving a resident, or because the facility relied on the wrong tools to keep a resident still. These are the situations we see most often in Indiana facilities.
Hoyer Lift and Mechanical Transfer Injuries
Residents who cannot bear weight are moved with mechanical lifts, and the manufacturers and most facility policies require two trained staff members for each transfer. A resident dropped from a lift during a one-person transfer, or injured because the wrong sling was used or the sling was not attached correctly, has usually been hurt by a staffing shortcut. Our article on Hoyer lift injuries explains who may be responsible when a transfer goes wrong.
Drops During Manual Transfers and Bathing
Moving a resident from bed to wheelchair, onto a toilet or into a shower chair is one of the most common moments for a fall. A resident whose care plan calls for two-person assistance or a gait belt, and who is dropped during a one-person transfer, has been injured by a failure to follow the plan.
Bed Rail Entrapment and Restraint Injuries
Bed rails and physical restraints are sometimes presented as fall prevention, but they carry serious risks of their own. Residents can be trapped between a rail and the mattress, and residents who climb over rails or struggle against restraints often fall from a greater height than they otherwise would. Federal rules limit when restraints can be used, and a restraint applied for staff convenience rather than medical need is a violation in its own right.
Wandering and Elopement
Residents with dementia who are not adequately supervised may wander into unsafe areas or leave the building entirely. Falls on stairs, in parking lots and outdoors in cold weather are among the most serious outcomes of a failure to supervise a resident known to wander.
Wheelchair Injuries
Wheelchairs that are not fitted to the resident, lack working brakes or anti-tip bars, or are left unlocked during transfers are a frequent source of falls. A resident who slides out of an ill-fitting chair or tips backward on a ramp has often been injured by equipment the facility was responsible for maintaining.
Physical Abuse Disguised as a Fall
Not every fracture is an accident. Unexplained fractures, bruises in the shape of a grip or an object, injuries in different stages of healing and a resident who is afraid of particular staff members all warrant investigation. Our guides to recognizing physical signs of neglect or abuse and our Nursing Home Abuse practice page describe what to look for.
Records, Photos and Reporting
Families often run into resistance when they try to document a fall or obtain the incident report. You generally have the right to photograph your loved one’s injuries with their or their legal representative’s consent (Can a Nursing Home Stop You From Taking Injury Photos?), and a facility that delays or withholds records may be violating state and federal rules (What to Do When an Indiana Nursing Home Hides Records). Indiana facilities are also required to report falls that result in serious injury to the Indiana Department of Health. For reporting, see our Indiana nursing home complaint timeline, our guide to filing a nursing home complaint in Indiana, and how to check an Indiana nursing home’s inspection record.
Warning Signs Families Should Watch For
Many residents who fall cannot report it themselves. They may have dementia, a stroke or a condition that limits speech or memory, and some facilities do not call the family unless a fall is witnessed or an injury is obvious. That makes family visits an important safeguard. Signs that warrant a closer look include new bruising on the hips, arms, face or scalp, a resident who suddenly refuses to stand or bear weight, new complaints of pain when being moved, a change in how the resident sits or holds a limb, unexplained swelling, or increased confusion and drowsiness after a day that staff describe as uneventful.
You should also pay attention to the environment. A bed left in a high position, a call light out of reach, a walker parked across the room, an alarm that is unplugged, or a resident found alone in a wheelchair without the brakes set are all signs that the fall-prevention plan is not being followed. If your loved one has fallen before, ask what has changed in the care plan since then. A plan that reads the same after a second or third fall is a red flag.
You have the right to ask to see the fall-risk assessment, the care plan and the incident report for any fall, and to ask when the physician and family were notified. Dated photographs of any injury, taken with consent, can be valuable later. For a fuller checklist, see Recognizing the Early Signs of Nursing Home Neglect: A Family’s Guide and Nursing Home Patient Rights: Understanding Your Protections.
Nursing Home Fall Claims Under Indiana Law
Indiana nursing homes that are licensed health care providers generally fall under the Indiana Medical Malpractice Act. That has several practical consequences for families pursuing a fall or fracture claim:
- Deadline. Claims must generally be filed within two years of the negligent act or omission (Indiana Code 34-18-7-1), with limited exceptions. A fall has a clear date, but the neglect that led to it, such as a care plan that was never updated after earlier falls, may stretch back months. Do not wait to get advice.
- Medical review panel. Most claims must first be submitted to a panel of health care providers before a lawsuit can proceed in court.
- Damages cap. Indiana caps the total recovery in medical malpractice cases. Your attorney can explain how the cap applies to your situation.
- Wrongful death. When a resident dies from complications of a fall, such as surgery, pneumonia or a brain bleed, the family may have a claim under Indiana’s wrongful death statutes, which have their own requirements.
A nursing home fall case typically involves obtaining the complete facility chart, incident reports, staffing records, state survey history and hospital records; having the care reviewed by a qualified nurse or physician; and documenting the resident’s pain, surgery and rehabilitation costs, and loss of function. We handle each of those steps and advance the costs of investigation. There is no attorney fee unless we recover compensation for your family. Residents and families also have rights independent of any lawsuit; see The Legal Rights of Nursing Home Residents and Their Families.
Why Families Across Indiana Call Powless Law
Powless Law is an Indianapolis firm that represents families in nursing home neglect, medical malpractice and wrongful death cases. We take a limited number of cases so that each family works directly with an attorney, not a case manager. We serve families throughout Indiana, including Indianapolis, Fort Wayne, Evansville, South Bend, Gary, Lafayette and Bloomington.
Frequently Asked Questions About Nursing Home Falls and Fractures
Is a fall in a nursing home grounds for a claim?
It can be. A single fall is not automatically negligence, but a fall that follows a documented high fall risk with no care-plan interventions, a fall during an understaffed transfer, a fall while a call light went unanswered, or repeated falls with no change in the plan may be. The facility’s fall-risk assessments, care plan and incident reports usually answer the question, which is why an attorney review of the records is the first step.
Can a nursing home be held responsible for a hip fracture?
Generally, yes, when the fracture resulted from a fall or transfer the facility should have prevented. Federal regulations require facilities to provide adequate supervision and assistive devices to prevent accidents, and a fracture that follows a failure to do so is a strong signal that the standard was not met.
What should a nursing home do after a resident falls?
Staff should assess the resident for injury before moving them, notify the physician and the family promptly, send the resident for X-rays or hospital evaluation if a fracture or head injury is possible, complete an incident report, and reassess the resident’s fall risk and update the care plan. A fall that was not reported, or a resident who was simply put back to bed, raises serious questions.
Why didn’t the nursing home tell me my loved one fell?
Federal rules require a facility to notify the family promptly after an accident that results in injury or may require a physician’s attention. A facility that did not call you, or that reported a fall only after you noticed a bruise or a change in your loved one’s condition, may have violated that rule. Ask for the incident report and the record of who was notified and when.
What if the fall was “unwitnessed”?
Many nursing home falls are unwitnessed because the resident was alone. That is often the problem. A resident who was assessed as needing supervision or assistance and was nonetheless left alone has not received the care the plan called for. The question is not whether staff saw the fall but why a high-risk resident was unattended.
Can a nursing home fall cause death?
Yes. Hip fractures in frail residents carry a high risk of death in the months that follow, from surgical complications, pneumonia, blood clots and infection. Head injuries can cause fatal brain bleeds, especially in residents on blood thinners. When that happens, the family may have a wrongful death claim in addition to a claim for the resident’s own pain and medical expenses.
How long do I have to file a nursing home fall claim in Indiana?
In most cases, two years from the negligent act or omission under the Indiana Medical Malpractice Act, though exceptions exist. Contact an attorney as soon as you learn of the injury so that records can be preserved and the deadline calculated correctly.
What compensation can a family recover?
Depending on the case, compensation may cover surgery, hospital and rehabilitation expenses, pain and suffering, loss of enjoyment of life, and, in death cases, funeral expenses and the family’s losses. Indiana caps total recovery in medical malpractice cases, and your attorney can explain how the cap applies to your situation.
What should I do if my loved one has fallen in a nursing home?
Make sure the resident is seen by a physician and that X-rays or a head scan are done if there is any possibility of a fracture or head injury. Ask the facility for the incident report, the fall-risk assessment and the care plan, and ask when the physician and family were notified. Take dated photographs of any injury with consent. Then contact an attorney before the facility’s records are altered or lost.
Does Powless Law charge for a consultation?
No. Consultations are free and there is no obligation. If we take your case, we work on a contingency fee, meaning there is no attorney fee unless we recover compensation.
Talk to an Indiana Nursing Home Fall Attorney
If your loved one has fallen or suffered a fracture in a nursing home, assisted living facility or hospital, we can help you understand whether it should have been prevented and what your options are. Consultations are free and confidential, and there is no obligation.
Call (877) 769-5377 Request a Free Case Evaluation Online
Calls answered 24/7.
This page is for general information and is not legal or medical advice. Every case is different, and past results do not guarantee a similar outcome. Contacting Powless Law does not create an attorney-client relationship until a written agreement is signed.
Call (877) 769-5377 Request a Free Case Evaluation Online
Calls answered 24/7.
This page is for general information and is not legal or medical advice. Every case is different, and past results do not guarantee a similar outcome. Contacting Powless Law does not create an attorney-client relationship until a written agreement is signed.
If you have questions or suspect possible neglect, contact us for a free consultation. Just call us at 887.769.5377, submit a request for a free consultation by clicking here. Our firm handles pressure sore cases across Indiana.