Are Nursing Homes Required to Report Falls?

Yes, in most cases, nursing homes must report falls to state and federal authorities. However, according to a 2025 report, nursing homes don’t report almost half of these incidents. The reason boils down to money. Falls lower a nursing home’s Care Compare and other quality scores, driving away potential future residents. Furthermore, fall reports pressure nursing homes to upgrade care. In other words, long-term care facilities put profits before people.

A Carlsbad personal injury lawyer restores the balance. Generally, out-of-state holding companies legally own SoCal nursing homes. Therefore, unless an attorney takes action, upper management in another state may not know there’s a problem. Preventative action often follows legal action. Furthermore, and perhaps more importantly, only a Carlsbad personal injury lawyer obtains the financial compensation these victims, and their families, need and deserve.

What Causes Nursing Home Falls?

At least indirectly, California’s elderly population boom usually causes serious falls at long-term care facilities. By 2040, just fifteen years from now, one in five Americans will be 65-years-old or older.

As the elderly population expands, many San Diego-area nursing homes are constantly under construction. Younger people with good eyesight and good mobility easily avoid construction hazard falls, such as uneven walkways and holes in the floor.

But for older adults, these obstacles are serious hazards they usually cannot avoid. Many older adults suffer from AMD (age-related macular degeneration). This eye disease degrades the straight-ahead vision people need to see hazards and maintain balance. Additionally, many older adults shuffle their feet when they walk, So, when they trip, instead of regaining their balance, they usually fall.

Additionally, because of the rising population, many nursing homes are chronically understaffed. Facilities once had floater techs who ensured that residents didn’t wander aimlessly or wander into hazardous construction areas. Now, these residents are largely on their own.

Because nursing home residents are physically vulnerable, the duty of care is usually very high in these situations. More on that below.

Additionally, most nursing home residents have pre-existing conditions, such as a prior fall. A subsequent fall is a life-altering event. Most people cannot live independently after they fall more than once.

If a pre-existing condition, like a previous fall, contributes to the risk and/or severity of injury, a Carlsbad personal injury lawyer can still obtain maximum compensation. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Your Claim for Damages

Nursing home owners, like all other California property owners, must adhere to a duty of care and keep invited guests, such as paying residents, safe and secure. The extent of this duty depends on several factors, such as the likelihood of serious injury and the cost of preventing that injury. As discussed, nursing home residents are vulnerable to falls and these injuries are relatively easy and cheap to prevent.

If a lack of care (negligence) substantially causes injury, compensation is available. If a regulatory authority issues a safety citation, the victim’s case is even stronger.

However, settlements aren’t automatic in nursing home fall cases. Comparative fault, in one form or another, may be the most common defense in these matters. If the victim was partially at fault for the fall, perhaps because she didn’t watch where s/he was going, the court may reduce the compensation.

Hard work on the front end is usually the key to a successful outcome on the back end. An attorney must diligently collect evidence, such as physical evidence and witness statements, and not look for a quick and easy way out during settlement negotiations.

Rely on a Detail-Oriented San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.

Source:

oig.hhs.gov/reports/all/2025/nursing-homes-failed-to-report-43-percent-of-falls-with-major-injury-and-hospitalization-among-their-medicare-enrolled-residents/