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Articles Tagged with falls

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shiny floorWhen a lawsuit is filed for compensation for injuries in an accident allegedly caused by another party’s negligence, there are several ways that the case can be concluded. The most obvious ways are by an out-of-court settlement or a jury verdict in favor of one party or the other.

There is another, less commonly known, possible resolution for negligence cases known as “summary judgment.” When a court grants summary judgment, it is usually (although not always) in favor of the defendant, and it means that, even if the court looks at all of the evidence in the light most favorable to the plaintiff, there is no way that the plaintiff’s case can be successful at trial.

If the plaintiff disagrees that summary judgment was an appropriate end to the case, he or she can ask the appellate court to review the matter.

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glass case, antiques, premesis liability, wrongful death, injuriesWhen a person is injured on someone else’s property, or when a loved one dies as a result of an accident on another party’s property, there is the possibility of filing a premises liability lawsuit seeking compensation for damages such as medical expenses, lost wages, and pain and suffering.

However, the burden is on the plaintiff to prove his or her case by a preponderance of the evidence. Business and landowners are very resistant to a finding of liability and will fight hard for a dismissal of the case if at all possible.

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Crutches in a medical clinis

According to statistics from the Centers for Disease Control and Prevention (CDC), falls are one of the leading causes of nursing home injuries and deaths. In addition to the approximately 1,800 nursing home residents who die annually from injuries related to falls, many more sustain injuries that render them permanently disabled or with a reduction in their quality of life.

The CDC also reports that, in a typical 100-bed nursing home, there are at least 100 and as many as 200 falls reported annually. This is a staggering statistic, especially given the fact that many nursing home injuries are never reported. About half to three-quarters of all nursing home patients will fall at least once a year, and some fall multiple times. Those who are unable to walk are particularly vulnerable to falling, with the CDC reporting that 35% of injuries from falls happen to those who are unable to walk without assistance.

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file000546206242 morguefile krosseelFalls are currently the leading cause of both fatal and non-fatal injuries to senior citizens in the United States. About one-third of elderly individuals in Kentucky and across the nation will reportedly suffer a fall injury during a given year, and many of those are nursing home falls. In 2013, approximately 2.5 million individuals age 65 or older sought treatment in an emergency room for injuries that were sustained in a fall. Unfortunately, falls may result in cuts, fractures, traumatic head injuries, and other physical harm. According to the nation’s Centers for Disease Control and Prevention, the number of fall-related broken hips is expected to climb to about 700,000 per year by 2030.

A team of researchers at the University of Maryland Medical School’s Program on Aging, Trauma, and Emergency Care seeks to understand and reduce the number of harmful senior citizen fall accidents, particularly nursing home falls. A new research study led by the school will follow 500 elderly patients who seek emergency room care and have a fall risk for a period of five years in an effort to develop a program aimed at reducing fall hazards for seniors.

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