Two recent lawsuits against healthcare facilities highlight the need for maintaining a safe environment and implementing fall prevention protocols.
In the first case, a Florida woman has filed a lawsuit against a nursing and rehabilitation center in Palm Beach County, alleging negligence that resulted in serious injuries. Filed on August 1, 2024, the complaint details an incident that occurred on January 10, 2023. The plaintiff, who was legally on the premises, claims the facility failed to uphold its duty to maintain a safe environment. Specifically, she alleges that the nursing home did not address dangerous conditions or provide warnings about potential hazards.
The core of the plaintiff’s allegations centers around an incident where she slipped and fell on a wet floor inside one of the rooms at the facility. The plaintiff asserts that there were no warning signs for the wet floor, leading to severe injuries affecting her face, body, and extremities. According to the complaint, these injuries have resulted in significant pain, suffering, disability, disfigurement, mental anguish, and substantial medical expenses. Her legal team argues that these damages are either permanent or ongoing and will impact her future quality of life. She is seeking damages exceeding $50,000, excluding interest and costs, as well as compensation for both past and anticipated future medical expenses.
In a separate case, a woman has filed a complaint against a large Texas healthcare system, alleging negligence that led to serious injuries. This lawsuit was filed in the District Court of Harris County, Texas, on July 31, 2024. The plaintiff claims she was injured on June 17, 2023, while visiting a property owned and managed by the healthcare system. She alleges she slipped on leaking water in the facility’s bathroom, resulting in significant injuries.
The plaintiff contends that as an invitee on the premises, she was owed a duty of care by the healthcare system to maintain a safe environment and to warn her of any hazardous conditions. She accuses the healthcare system of failing to address or notify her about the dangerous condition that led to her fall. Seeking compensation for past and future physical pain, disability, mental anguish, medical expenses, disfigurement, and impairment, she has specified a monetary relief range of over $250,000 but less than $1 million. Additionally, she has requested a jury trial for this case.
Compliance Perspective
Issue
Staff must ensure that no unreasonable or foreseeable risks of harm to visitors exist. Slips, trips, and falls are preventable. Slippery floors can be addressed through changes such as improvements in housekeeping practices (e.g., correctly using wet floor signs, immediately cleaning up spills, correctly removing grease, aggressively removing ice and snow). Floors that are frequently wet (e.g., bathrooms and kitchens) should be textured so they are not slick when covered with water or other contaminants. Spills should be reported and cleaned up immediately. Warning signs should be provided for wet floor areas.
Discussion Points
- Review policies and procedures for resident, staff, and visitor safety, including fall prevention protocols, to ensure that they provide evidence-based interventions to reduce injuries and falls. Also review your policies and procedures for reporting and documenting incidents/accidents to ensure they include current requirements.
- Staff should be trained to recognize common workplace slip, trip, and fall hazards and promptly correct them. A program titled Fall Prevention – Residents, Staff, Visitors is available in Med-Net Academy Prime, Safety Category.
- Audit incident/accident reports to ensure that all issues where reporting is required were managed timely with appropriate follow-up, and that documentation is complete. Also periodically audit staff to ensure they are following safety protocols.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
