A loved one may fall at a nursing home while trying to get to the bathroom, get out of bed or move to a chair. While some falls happen by accident, others may result from poor care.
In Delaware, whether a nursing home fall counts as medical malpractice depends on the type of care involved and whether a health care provider failed to meet the proper standard of care.
When a fall crosses the line into medical malpractice
Delaware courts look at the difference between basic daily help and real medical decisions when checking an injury claim. If an aide forgets to lock a wheelchair wheel, state law usually views that mistake as basic negligence. However, a facility steps into medical malpractice when a doctor or nurse makes bad medical choices with a resident’s care plan.
Looking closely at medical choices made before the fall helps show if staff made a professional mistake:
- Giving medicine that affects balance without taking added fall risks into account
- Ignoring a doctor’s order for help from two staff members during transfers
- Failing to check a resident’s ability to walk after a stroke or surgery
- Ignoring physical therapy advice about bed alarms or other safety measures
These failures may show that a provider did not follow the level of care expected from a health care professional. Reviewing medical records and care plans with a Delaware attorney can help families determine whether the fall may support a malpractice claim.
Delaware’s legal requirements for malpractice claims
Medical malpractice claims in Delaware have rules that do not apply to every injury claim. Under Chapter 68 of Title 18 of the Delaware Code, a person filing a medical malpractice lawsuit generally must submit an Affidavit of Merit from a qualified medical expert.
The affidavit shows that an expert reviewed the records and found reason to believe that medical negligence may have caused the injury. Records such as medical charts, fall reports and staff notes may help the expert review what happened.
Moving forward after a facility injury
Finding out why a fall happened takes time, effort and clear proof. Reading daily records and asking direct questions helps keep your family member safe. Taking action today gives your family the best chance to hold careless Delaware nursing homes responsible for poor medical care.