California Nursing Home Abuse Lawyer Blog
The tragic story of Barbara Fasold serves as a harrowing reminder of what happens when nursing home oversight fails. Ms. Fasold, a 76-year-old resident at a facility in DeLand, fell from her bed at 5:00 a.m., fracturing both legs and her shoulder. Despite the severity of her injuries, she lay on the floor for 12 agonizing hours before being discovered during a shift change. She passed away less than a week later.
While this specific tragedy occurred across the country, it highlights a systemic crisis that hits close to home for families in Oakland, California. From the hills of Montclair to the busy corridors of Jack London Square, families entrust Oakland skilled nursing facilities and assisted living centers with the safety of their loved ones. When that trust is broken by a fall—especially one followed by hours of abandonment—it isn’t just an accident; it is often a case of nursing home neglect.
The Alarming Reality of Falls in Long-Term Care
Falls are the leading cause of injury and death for elderly Americans. The statistics are staggering: an average 100-bed nursing home will report between 100 and 200 falls every year. Even more concerning is that approximately 2,000 nursing home residents die annually from fall-related injuries.
In Oakland, where many facilities operate at high capacity, the risk is amplified by common issues such as:
- Understaffing: When there aren’t enough CNAs (Certified Nursing Assistants) to respond to call lights, residents often try to get up on their own to use the restroom, leading to preventable spills.
- Environmental Hazards: Poor lighting, slick floors, and cluttered hallways in aging Bay Area facilities.
- Medication Errors: Over-sedation or side effects from improperly managed medications that affect a senior’s balance and cognitive awareness.
Why “Lying on the Floor” is a Sign of Neglect
The most shocking element of Ms. Fasold’s case wasn’t just the fall itself, but the 12-hour delay in discovery. In a properly managed Oakland nursing home, “rounding” is a mandatory safety protocol. Staff should be checking on high-risk residents at least every hour or two.
When a resident is left on the floor for a full shift, it indicates a complete breakdown of the facility’s monitoring systems. This is a clear indicator of nursing home neglect. The “long lie”—the period of time a person spends on the floor unable to get up—can lead to complications far beyond the initial fractures, including dehydration, pressure sores, kidney failure (rhabdomyolysis), and psychological trauma.
The Legal Responsibility: Proper Care Planning
Under California law and federal regulations, nursing homes are required to provide a safe environment. This begins with an Individualized Care Plan.
- Risk Assessment: Upon admission, and after any change in condition, the facility must assess the resident’s risk of falling.
- Interventions: If a resident is at high risk, the facility must implement interventions such as bed alarms, low-profile beds, non-slip footwear, or increased supervision.
- Reassessment: If a fall does occur, the facility must immediately reassess the plan to ensure it doesn’t happen again.
When an Oakland facility fails to follow these steps, they may be held liable for the resulting medical bills, pain, suffering, and wrongful death.
Protecting Your Loved Ones in Oakland
If you have a family member in an Oakland or East Bay assisted living facility, it is vital to be proactive. Ask the administrators about their fall prevention protocols and check the facility’s recent “deficiency” reports provided by the California Department of Public Health.
If your loved one has already suffered a serious fall, especially if the circumstances seem suspicious or the staff cannot explain how long the resident was on the floor, you need an advocate who understands the specific regulations governing California long-term care.
Contact the Nursing Home Law Group
At Nursing Home Law Group, we specialize in holding negligent facilities accountable. We believe that no senior in Oakland should ever have to suffer the indignity and pain of lying injured and alone. Our team of dedicated attorneys is experienced in investigating facility records, staffing logs, and medical charts to uncover the truth behind nursing home falls.
Don’t let neglect go unanswered. If your loved one was injured or passed away due to a fall in an Oakland nursing home, contact the Nursing Home Law Group today. We offer free, confidential consultations to help you understand your rights and seek the justice your family deserves.
