All too often, South Carolina nursing home neglect attorneys find themselves on the phone with an upset adult child saying their mom or dad fell and broke their hip at a South Carolina nursing home or assisted living facility. “What do I do?” they ask. “Can the nursing home be held accountable for my dad's broken hip?”
First, let me assure you that you're not overreacting. A broken hip is a grave injury, especially for South Carolina residents of long-term care facilities like assisted living or nursing homes. Families trust these facilities to provide expert, compassionate care to loved ones. All too often, these facilities neglect their one job: keeping residents safe.
When assisted living facility or nursing home neglect leads to a broken hip, the results can be life-threatening. In some cases, a broken hip can even lead to wrongful death. A 2014 study in the Journal of the American Medical Association addressed the problem in sobering terms:
- Over 300,000 older adults suffer hip fractures every year, causing “substantial mortality and loss of functional independence.”
- Nursing home residents are twice as likely to sustain a hip fracture.
- Nursing home resident hip fracture outcomes are worse. Within six months, over one in three subjects died, including almost half the men.
Finding out your loved one suffered such a tragic injury is a shock. Sadly, a family’s rightfully urgent questions about the cause and effects of this injury can be met by the facility with a lack of concern or dissatisfying answers.
I'm writing this to help you feel your way out of the dark. I’ll explain how broken hips happen, the dangers they pose, and what families can do if they suspect neglect.
If you have more specific questions, or just want to talk about the situation, I'll do that for free. Call me toll-free at 888-230-1841 or fill out a Get Help Now form.
What Is a Broken Hip?
A broken hip is a fracture or crack in the upper part of the thigh bone, called the femur. The femur joins the pelvis at the hip joint. A broken hip often causes searing pain. It can make walking or even standing impossible. For elderly people, a broken hip is a very serious injury. Recovery can take a long time, and complications are common.
How Do Broken Hips Happen in South Carolina Assisted Living Facilities and Nursing Homes?
Falls usually cause broken hips in South Carolina nursing home cases. According to a 2018 study on the National Institute of Health website, some of the most common causes include:
- Cognitive impairment, like dementia or Alzheimer's. Folks with dementia are four to five times more likely to fall.
- Medications. Entire classes of medications increase fall risk, including antipsychotics, antidepressants, and sedatives, especially benzodiazepines. These drugs make patients woozy, sleepy, unbalanced, and uncoordinated. Residents with dementia are especially susceptible here, as nearly one-third take antipsychotics.
- Unsafe conditions: Because of the frail, medicated state of many residents, it's critical for assisted living and nursing homes to be clean and free of slipping or tripping hazards. Shockingly, three out of four nursing home falls result from unsafe conditions. The study cites easily addressed, preventable situations as particular dangers to residents, such as:
- Wet floors
- Poor lighting
- Unstable furniture
- Cluttered floors
Experience teaches us that there are other major causes not listed in the study. Long-term care facilities, like other health providers, are bound by highly specific safety rules designed to protect residents. When these safety rules are neglected, residents get hurt. That includes:
- Lack of help or supervision: Residents with mobility issues or dementia need close monitoring. If staff isn't paying attention or ignores an immobile resident’s call for help, a resident can fall trying to get out of bed or walk without help. This problem is often fueled by a massive epidemic in the industry: short staffing. Do not let the facility fool you: it is made to make money. Hiring additional help to keep the facility safe takes money from the owner's pocket. Owners don't like that.
- Medication mistakes. This includes not just giving the wrong medication but failing to observe how a resident responds to new ones or adjusted levels. It can reduce a resident to a zombie-like status or cause balance or awareness problems, all of which enhance the risk for falls.
- Failure to use proper equipment to support residents with mobility problems. This leads to staff dropping residents or residents slipping.
- Failure to address changes in condition. As residents age, their ability to safely move or walk deteriorates. Staff need to closely observe residents for changes in mental status, mobility, and overall health.
- Lack of safety equipment or failure to use it properly. This includes bedrails, bed alarms, and grab bars in hallways, rooms, and bathrooms.
The Dangers of a Broken Hip for a Long Term Care or Nursing Home Resident
A broken hip is more than just a painful injury—it can lead to serious health problems. Here are some of the most dangerous complications:
- Surgery risks. In many cases, a broken hip requires surgery to fix. Surgery is risky for elderly people, especially those with other health problems. Complications like infections, blood clots, and heart problems can occur during or after surgery.
- Long recovery time. After a broken hip, most people need weeks or even months to recover. During this time, they may be bedridden or need a wheelchair. Long periods of immobility can lead to more health issues, such as bedsores, lung infections, and muscle loss.
- Loss of independence. Many elderly people struggle to regain their independence after a broken hip. Some may never walk again or need constant help with daily activities like getting up and down from bed or a chair, personal hygiene, using the bathroom, dressing, bathing, and eating.
- Depression and anxiety. A broken hip can be emotionally devastating. Elderly people who lose their mobility may become depressed or anxious, especially if they feel like they are a burden on their families.
- Other health problems. Broken hips can lead to many other health problems. According to a 2009 study on the National Institute of Health website, primary complications of broken hips for nursing home residents included delirium, bed sores, pneumonia, blood clots, and urinary tract infections. All of these can be life-threatening for elderly people. Bed sores and pneumonia six months after the fracture were associated with a 70% increase in deaths.
Overall, nursing home residents facing the greatest risk of death after a hip fracture are those with very severe cognitive impairment.
How a Broken Hip Can Lead to Wrongful Death
Sadly, in some cases, a broken hip can lead to wrongful death. Here’s how it can happen:
- Surgical complications. As mentioned earlier, hip surgery is risky for elderly people. Some may not survive the surgery due to complications like infections or heart problems.
- Infection.: After a broken hip, infections like pneumonia or sepsis can set in, especially if surgery is involved. If these infections are not treated quickly, they can become deadly.
- Blood clots. When an elderly person is unable to move for a long time, blood clots can form in their legs. These clots can travel to the lungs or heart, causing a deadly condition called a pulmonary embolism.
- Declining health. For some elderly people, a broken hip leads to a sharp decline in overall health. Being bedridden for too long can weaken the body, making it harder to fight off illnesses.
- Neglect after the injury: If a nursing home fails to provide proper care after a resident breaks their hip, the chances of recovery are much lower. Without help with daily tasks, regular check-ups, and proper medical care, a resident can quickly get worse.
Holding South Carolina Assisted Living Facilities or Nursing Homes Accountable for Neglect
If your loved one suffered a broken hip due to neglect in a South Carolina nursing home, you are right to want to hold the facility accountable. At the very least, these facilities are responsible for keeping their residents safe. When they fail to do this, and serious injuries or death result, families can seek justice through the legal system.
Understand this: these cases are extremely complicated. They are considered a form of medical malpractice. To win your case, you'll likely need an expert witness to point out how the nursing home or assisted living facility failed your family member, causing injury. You can't count on providers who get paid by the nursing home to be your expert. And you certainly can't count on staff to admit it. The wagons will quickly circle, and they'll all be against you.
You need professional legal help. Get your questions answered in a free, no-pressure strategy session with a Spartanburg, SC nursing home and assisted living facility neglect attorney. Call toll-free at 888-230-1841 or fill out a Get Help Now form.
Let's talk about warning signs of neglect and steps you can take if you suspect your loved one is a victim of long term care facility neglect.
Signs of Neglect in South Carolina Assisted Living Facilities and Nursing Homes
Neglect happens when nursing home staff fail to give residents the care and attention they need. Some signs that your loved one might be suffering neglect include:
- Unexplained bruises or injuries. If a resident has frequent falls or injuries that are not explained, this could be a sign of neglect.
- Dehydration or malnutrition. Residents who are not properly fed or hydrated may become weak, increasing their risk of falling.
- Poor hygiene. Dirty clothes, bedsores, and poor personal hygiene are signs that the resident is not being cared for properly.
- Lack of staffing. Short staffing plagues these facilities because extra help cuts into profits. If staff is hard to find or your loved one describes them as unresponsive, it's a warning sign the facility isn't properly staffed to meet resident needs. That creates danger. If residents are left alone for long periods, they may try to do things without help, which can lead to falls.
Steps to Take if You Suspect Neglect in a South Carolina Assisted Living Facility or Nursing Home
- Document the neglect. Keep track of any signs of neglect, including injuries, poor hygiene, or lack of proper care. Take pictures and write down the dates and details of the incidents.
- Address the neglect with the facility. Ask for a meeting with the administrator to discuss your concerns and get a plan from them about how they will address these concerns.
- Request medical records. Get copies of your loved one’s medical records to see what treatments they received after their injury.
- Consult a South Carolina nursing home neglect or assisted living facility lawyer. A lawyer who handles nursing home neglect cases can help you understand your options and help you determine if it's worthwhile to hold the facility accountable by seeking a settlement for your loved one’s injuries or wrongful death.
- File a complaint. In South Carolina, you can file a complaint with the Department of Aging Long Term Care Ombudsman. They will investigate the nursing home. But their powers are limited. If they find evidence of neglect, all they can do is issue corrective actions and maybe fines. And even if legal neglect is committed, the ombudsman doesn't always find it.
The sad truth is that it is up to you to effectively and meaningfully hold the facility accountable for the injuries or wrongful death of your loved one. You can't go it alone. Call me toll-free at 888-230-1841 or fill out a Get Help Now form.
Let's talk about the legal relief available to families and victims of assisted living or nursing home neglect in South Carolina.
Potential Settlements in South Carolina Nursing Home Neglect and Wrongful Death Cases
If you take on a long-term care facility for a resident's injury or death, you've got to presume it'll take a lawsuit. Facility insurance companies that pay settlements are extremely hard-nosed, and they won't back down in the face of your allegations. They've got professionals, and you need one too.
Families who file a nursing home neglect or wrongful death claim can seek compensation for:
- Medical bills. This includes the cost of surgeries, hospital stays, medication, and any other medical bills related to the broken hip and any resulting complications.
- Pain and suffering. Compensation for the physical and emotional pain that the resident experienced due to the injury.
- Funeral costs. If the broken hip led to wrongful death, the family can seek compensation for funeral and burial expenses.
- Loss of companionship. In wrongful death cases, the family may be compensated for the emotional loss of their loved one.
What Is a Wrongful Death Claim in South Carolina?
A wrongful death claim is a lawsuit filed when someone dies due to neglect.
To win a wrongful death case, you've got to prove that the nursing home’s neglect directly led to the death. This could mean showing that the staff failed to supervise the resident properly, did not provide necessary medical care, or ignored safety rules that could have prevented the injury.
Broken Hips Are a Serious Problem in South Carolina Assisted Living Facilities and Nursing Homes - Respond Accordingly
Broken hips in nursing homes are a serious issue, and they often result from neglect. For elderly residents, a broken hip can lead to long-term health problems or even death. If your loved one has suffered a broken hip due to nursing home neglect in South Carolina, it's important to take action.
If you believe your loved one’s injury was caused by neglect, or if their broken hip led to wrongful death, speaking with a nursing home neglect or wrongful death lawyer can help you understand your legal options and fight for justice.
We offer a FREE, NO-PRESSURE strategy session to make it easy on you. To arrange that, call me toll-free at 888-230-1841.
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